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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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HelloI would like some advice... My ex partner bought a

Customer Question


I would like some advice... My ex partner and I bought a family home in 2002. I was a stay home mum and he was the breadwinner. However I gave him the thirty thousand deposit, he had reasons why house shouldn't be in both names. Anyway he left in 2007. I have paid the mortgage since, as wanted to continue the home for the children plus the monies I'd paid into said house. In 2011 there was a Tomlin order signed, stating house go straight on the market, etc... With a 70/30 split in my favour. However, last week my ex has stated that he has taken the property of the market to give the kids security.... I suspect it's the fact the mortgage will be paid off and he has a full 30 % cut. So the question is in the tomiln order it says we both have rights to instructs estate agents. We haven't? Also that the upkeep of the house was for both of us. He has never helped with any financial cost regarding the house since he left. I had very poor legal advice first time around. I did say to y then solicitor if the house stayed on the market for a long time, his reply was don't be silly it won't. Could I ask for the his 30% to go down with each year I've paid the mortgage. I'm on a very low income, so worry about the cost of changing this order if at all possible. Also he won't allow me to see the paper work regarding the house, I suspect he has taken some more monies out on it or has an over draft connected to he house. The ex has already stated that he will never agree to anything but the 30%. Please help, because I'm so tired of this uncertainty and unlike my ex have low paid job and no job security.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 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 old are the children and are you wishing to force the sale of the property?
Customer: replied 3 years ago.
The children are 16 and 13. He wanted the force of the sale. I would like it back on the market.
Expert:  Clare replied 3 years ago.
Do you have a copy of the Order?
Could you scan and send it to me?