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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a tenants in common mortgage with my partner

Resolved Question:

I have a tenants in common mortgage with my partner (unmarried). we have a child together, Age 3. The mother wants to leave the relationship and I haved received a letter from her solicitor. This is asking for my annual income information, and a reply within 14 days. It also states they have instructed her to get estimates for the property and a redemption figure.
q1) Can they make me leave the property ?
q2) do I have to reply ?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thanks for your question. As long as your name is ***** ***** title of the property you have a legal interest and right to live in the property unless there is a court order excluding you.

In relation to their letter, you have no obligation to respond but be aware that if she is serious about pursuing the matter, a lack of response may lead her to issue court proceedings.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

Expert:  Harris replied 1 year ago.

Hi, I note you have left a negative rating. Please could you confirm what you are not happy about so that I can provide you with all the information you require to resolve this matter.

Customer: replied 1 year ago.
How can she get to issue a court proceeding. What is the method building up to that ?
And do I have to divulge my income ? Surely that is for the CSA only ?
Customer: replied 1 year ago.
Some elaboration would have been helpful. After all, your simply writing a short reply.
Expert:  Harris replied 1 year ago.

No worries, happy to assist you further.

In relation to court proceedings, as you have a child together - if she is unable to obtain suitable accommodation to meet the child's needs she can pursue a claim against you under the Children Act in order for property to be made available for the benefit of the child and until the child reaches a certain age, thereafter the property can be sold and equity split between you in accordance with how the title is held.

In relation to the annual income request, this is likely to be used to ascertain your legal liability for child maintenance which is calculated based on your gross income and how often, on average, your child stays overnight with you each week. Disclosing this information to them will likely prevent the CSA (now called CMS) being involved as you can reach agreement directly between you.

I hope this assists you further. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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