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Ask Clare Your Own Question

Clare, Solicitor
Category: Law
Satisfied Customers: 34034
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Sorry to trouble you. my daughters partner has left her. she

Customer Question

hello, sorry to trouble you. my daughters partner has left her . she hs two children by him. one 17 years old in further education and another 13 years in education. he wants to stop paying the mortgage of £1000 per month and is pressuring my daughter to either buy him out and take over the mortgage or move. my daughter cannot afford to do either. where does she stand please.
Assistant: Where are you located? It matters because laws vary by location.
Customer: she lives in Braintree, Essex.
Assistant: Has anything been filed or reported?
Customer: we have not spoken to anyone and as far as I am aware her ex partner is just threatening her.
Assistant: Anything else you want the solicitor to know before I connect you?
Customer: there are probably other issues but you will need to speak with my daughter about that. I just want to make sure she is not taken advantage of.
Submitted: 16 days ago.
Category: Law
Expert:  Harris replied 16 days ago.

Hi, thank you for your question. Just a bit more information required:

-Are/were they married to each other?

-Whose name is ***** ***** of the property in?

-Are there any formal agreements or deeds of trust in place between them?

Customer: replied 15 days ago.
they never married. the property is in both names. I am not aware of any formal agreements.
Customer: replied 15 days ago.
I dont wish to speak on the phone at the moment thank you.
Customer: replied 15 days ago.
hello. are you still there ??
Customer: replied 15 days ago.
I have asked for a refund of my £ 42.00 goodbye
Expert:  Clare replied 15 days ago.

My name is ***** ***** I have been a solicitor for more than 35 years

How much is the house worth and how much is outstanding on the mortgage - and what income do they each have?

Customer: replied 15 days ago.
athe house is worth £ 180,000. I am not sure of the outstanding amount. over 100 k. my daughter works in a place that teaches boys with attitude/behavioural problems. I think gets about 1250 per month before tax. the ex partner is a train driver. salary not known probably about 35k per year. I can get all this information from my daughter this evening or arrange for her to call you if someone will be contactable this evening after she gets home from work.
Customer: replied 15 days ago.
hello, are you still there clare ?
Expert:  Clare replied 15 days ago.

I am here - has your daughter claimed all posisble benefits and is there any way she can manage the mortgage with child maintenance as well as her own sources of income?

Customer: replied 15 days ago.
I very much doubt it. she doesn't have any money now. she had 90p in her purse the other day to last until pay day. shall I ask her to call you tonight or will someone call her this evening as I cant really give you the information you require. I am her father.
Expert:  Clare replied 15 days ago.

Do you realise that the site charges extra for a phone call

Customer: replied 15 days ago.
unfortunately. my daughter is at work now. perhaps I will try a local solicitor in Braintree. Thanks. goodbye
Expert:  Clare replied 15 days ago.

Do not worry - there are some basic points that I can make which may help

The important point is that her ex cannot force a sale of the property until the youngest child is 18 - nor cans he force her to buy him out.

My concern is that she is only entitled to child maintenance at 16% of his gross income and if she remains in the property she will be expected to pay the mortgage

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

Customer: replied 15 days ago.
thanks clare. what if he stops paying the mortgage. wont my daughter then have to pay it herself or face eviction ?
Expert:  Clare replied 15 days ago.

That is my main concern - it is the finances she needs to look at - ignoring his threats.

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