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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a mortgage with a previous partner, she lives in the

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I have a mortgage with a previous partner, she lives in the house with our daughter and her new partner. I live in a rental property with my new partner and our son. How do i get her to sell our house so i can get a new mortgage? she is unable to take on the mortgage with her wages. I am and always have paid maintenance for my daughter.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage
How old is the child and is her new partner living there full time?
If so how much does he earn?
Customer: replied 4 years ago.

The house is worth £210,000 and is on a interest only mortgage and was taken out in 2007. It was through Barretts and they own 25% and will require that back after ten years.

My daughter is eight years old.

The new partner does live there fully time. I don't know how much he earns but know he has a poor credit score as he has been in a lot of debt so together they cannot afford the mortgage. Should he be paying me rent to live in my house? Can I get him removed?


What does she propose to do about Barretts?
How much is actually outstanding on the mortgage?
Customer: replied 4 years ago.

Unsure she keeps telling me its not my business.

The mortgage is for 160,000 (75% value of house.)

Has she provided any evidence that she cannot release you from the mortgage?
Customer: replied 4 years ago.

no, just said she is unable to obtain a mortgage.

That is not good enough
Under Schedule 1 of the Children Act you are indeed under a duty to help her house your child until the child is 18.
HOWEVER she has now moved a new partner in and in addition there is a potential financial crisis to face in three years time.
On that basis it is not impossible that the court will in fact order an immediate sale of the property in any event.
You should try and negotiate matters with your ex using Family mediation and ask for evidence of her attempts to obtain your release from the mortgage and details of how she intends to approach the Barrets issue.
If she will not discuss these with you then your only option is to apply to the court for an Order for sale - it will then be up to her to make an application under Schedule 1 of the children act - and show what she has done to try and resolve the issues
Please ask if you need further details
Clare and other Family Law Specialists are ready to help you