I split with my partner 5 years ago. We have 4 children (15,13,10 and 7 years old) and jointly own our house. I left with the 4 children and moved in with my mum and dad as he had become increasingly volatile. I paid the mortgage for the next 14 months while he continued to live in the house. After that he moved into a flat and I moved back to the house with the children. Since then I have paid the mortgage myself, though obviously he has had to pay rent on his flat. We have not agreed any maintenance and he usually pays a small amount a month - approx £70-100 per child. Though he paid nothing the first year and has not paid every month since. In this time he had also transferred approx £40,000 from our joint mortgage account (reserve account) in various lump sums into his own account. I am keen to continue living in the house and had hoped that he would sign over for a lump sum - he had agreed to this. However, I have now been approved for a remortgage he has said that he wants lump sum and to retain 40% of the house. I can obviously not agree to this as I want security for me and children and don't want the fear that he will insist on selling the house down the line. He has said that if I don't agree to this he wants us to sell and he will take his 50% share of the equity in the house. Do you think that he is entitled to half the house or would his share have diminished due to his withdrawals of funds and lack of child support? The problem is that though there is a good amount of equity in the house I would not have sufficient funds to remain in the area when looking to buy a new home for me and the children - moving from where the children grow up and go to school would obviously be very upsetting and is something I wish to avoid. I would appreciate your opinion on what you thinks is a fair offer and one that if I needed to go to court would have a good chance of success. Thank you
In answer to your questions - I can confirm that we were never married. I am not 100% sure of my ex-partners current salary but appox £60,000. The house was valued for re-mortgage at £470,000 (this probably a conservative valuation) There is still a o/s mortgage of approx £140,000 which includes the additional borrowing since split that I mentioned. You would not be able to buy a cheaper 4 bedroom in the immediate area. The cheapest online is £500,000 and most are considerably more. Ours is 4 bedroom as a result double storey side extension we did after purchasing it. This extension was paid for by my parents but not sure what paperwork would be available to prove this. My Salary is now £40,000 meaning maximum mortgage I can get is for £200,000.
This is not exact but looking at other similar houses sale prices I would think in the region of £80,000
Approx £60,000 annual salary
I think I will leave this now as did not realise answers would be going on a public forum.
The 3 older children do not stay with him at all. The youngest stays on average once a Week. He only rents a studio flat at the moment.