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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a 5 year old with my X & we were cohabiting for 3.5

Resolved Question:

I have a 5 year old with my X & we were cohabiting for 3.5 years I left the family home 2 years & 3 month ago.
I was meant to go through financial settlement as he is very financially secure, I didn't as he threatened to take my daughter off of me if I pursued.
He has sold the family home now & moved in with his new partner.
Do I still have a claim of a lump sum being put in trust to secure a family home?
Submitted: 9 months ago.
Category: Law
Expert:  Clare replied 9 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much was the house worth and how much was outstanding on the mortgage?

Who owned the property and what is your current accommodation?

Customer: replied 9 months ago.
Hi Claire,He sold the property for £330,000 & had an £80,000 Morgage. He works for a blue chip company & has over $400,000 dollars in a New York bank account in company stock.
He has since bought a larger property valued at half a million.
When we were going through mediation for my daughter the mediator was very sure I would receive a lump sum but he refused to do E50 form ? What ever the declaration form was when we were with solicitors, basically I had to find the money to take him to court financially.
My current housing situation is private rented.Many thanksSarah
Customer: replied 9 months ago.
Ps He owned the property
Customer: replied 9 months ago.
My main question is, legally because he sold our family home & because 2 years & months has passed he thinks I can't take him to financial settlement BUT can I?
As his threats of court have started again with taking my daughter off of me 50% of the time now he has moved?
Expert:  Clare replied 9 months ago.

What financial contribution did you make to the property (and please confirm that you were never married to each other)

Customer: replied 9 months ago.
I didn't make a financial contribution & no we were never married.
Expert:  Clare replied 9 months ago.

How much would a cheaper two bedroom property in the same general area cost to buy?

Customer: replied 9 months ago.
There is shared ownership in the area, which can be from £50,000-£80,000
BUT I just need to know if I can still pursue money in trust because he has sold the family home where we lived can I still make a claim against him?
Expert:  Clare replied 9 months ago.

When you were together did he ever make any promises that you would have share of the property?

Customer: replied 9 months ago.
Claire hi,Like the statute of limitation all I would like to know is if there is a time on this situation?
The other details were looked into less than 2 years ago by a solicitor & a financial mediator. I had a strong case for a lump sum to be put into trust to have a deposit on a property.
All I need to know is am I still able to claim that even though he has sold & moved?
Please can you answer this question.
Many thanks
Expert:  Clare replied 9 months ago.

From what you have aid to me you have no real claim on the money form the property.

You do have a potential claim under Schedule 1 of the Children Act for a capital sum sufficient to purchase a house for you and your child - which would revert back to your ex when your child is 18 or if you cohabit.

There is in fact no time limit on such a claim other than the 16th Birthday of your child

In addition the claim is NOT linked to the house itself - it is about the housing needs of you and your child.

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you