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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35050
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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Hi I jointly own a property with an ex partner, we brought

Customer Question

Hi I jointly own a property with an ex partner, we brought property before our child was born & we split up a few years later. I have since met a new partner and have moved in with him & we now have another child. My house is currently rented out & tenants have signed a years contract to live there. The rental money instead of being split between me & my ex, I keep all the money which currently funds his child maintenance. My ex partner is now wanting to sell the jointly owned home but I am reluctant to. As I am worried that I will not receive my monthly child maintenance. Can I be made to sell the property? This is the only income I have and if sold I will have to return to work - if I sold and returned to work, how so I stand in my ex partner having to equally share childcare of our child throughout school holidays? How do I ensure that the correct maintenance is paid regular?
Submitted: 4 years ago.
Category: Family Law
Expert:  Clare replied 4 years ago.
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?
Customer: replied 4 years ago.
It's worth about 180k & approx 125k left on mortgage
Expert:  Clare replied 4 years ago.
How much does your ex earn?
Customer: replied 4 years ago.
Hard to say as not been a part of his life for 7yrs - he used to take home £2k a month back then - so bound to be more now.
Expert:  Clare replied 4 years ago.
Since neither of you are living in the property then I am afraid that your ex an apply to the court for an order for sale and this WILL be granted unless you are in a position to but him out and take over the mortgage
If you cannot buy him out then it would be sensible to agree to the sale as otherwise there is a real chance of you having top ay HIS court costs as well as your own.
You can ask the CSA to deal with the issue of Maintenance so that you can be sure that you are receiving the correct amount
I am sorry not to give you the news that you wanted - please ask if you need further details