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Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35068
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 recently seperated from my partner and he has moved

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I have recently seperated from my partner ( we are not married) and he has moved out of the house we bought together. I have 3 children under 7 and want to remain in the house and I have taken on all of the costs of running the house ie Mortgage, utilities, council tax etc. my ex partner is paying child support of £100 per week. He wants to be taken off the mortgage but the bank won't allow me to talke the mortgage on my own and so he can't be removed. He is putting me under loads of pressure to sell which I refused but to stop him constantly harassing me I agreed that I would sell the house when our youngest child reaches the age of 9 ( In 8 years time). Even though he is no longer contributing to the mortgage or the upkeep he wants to still have half of any profit in 8 years time but I think he should only have his share based on the value when he stopped paying ( + the relevant increase or decrease that share would make over 8 years) Im trying to be reasonable beause i understand that he wants to be able to get a new mortgage but i cant make the bank release him and i dont think its fair that i should pay all of the mortgage for the next 8 Years and still hand over half of the net equity? Would I be better off going to court rather than trying to keep funding new solutions every time he changes his mind or woud they make me sell?? We borrowed £12,000 of the original deposit from my father who my ex has agreed should be repaid and my ex also put in £10,000 from an inheritance which I am happy for him to be repaid. What equation would a court use? I may still not be in a position to get a mortgage when my youngest child is 9 yet by agreeing to his 8 year deadline i could be making myself and our children homeless when I am forced to sell! I want to maintain as much consistency and security for my children as possible so have continued to use my family and his parents in exactly the same way as when we were together to provide child care in order for me to work and pay the bills so we can remain in our home.


Copy of letter from me to Paul Stevenson (ex partner) has been uploaded and his recent reply. 




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?
is it a repayment or an endowment mortgage?
How much does your ex earn?
Customer: replied 3 years ago.
Repayment mortgage
House recently valued at 195-200,000
Mortgage outstanding £142,500
Ex is self employed but claims to earn £24,000

All of this information is on the letters I uploaded have you seen them?
Unfortunately I cannot see the letters
However under Schedule 1 of the Children Act your ex is under a duty to help you house the children until they are 18 or you cohabit.
On that basis your ex cannot force you to sell as if he tries you can apply for a Court Order to prevent it.
More complicated is what should happen when the house is eventually sold.
Since he will be prejudiced in terms of finding an alternative property, and he is paying Child Maintenance on one level it would be fair for him to retain his 50% of the equity
However you can ask for account to be taken of any increase in the value caused by any work that you pay for - and for any capital paid off the mortgage to be credited to you as well
I hope that this is of assistance - please ask if you need further details
Customer: replied 3 years ago.
If he wants to retain a 50% share should I be insisting that he waits until our youngest child is18?
I was prepared to agree to staying in the house for 8 years if he took a share based on the current value but that might make me homeless.
Your answer would indicate that he must wait is that correct?

What would a court say if he insists on going that far ?
If he applies to the court for an Order for sale then you can apply for an Order under Schedule 1 of the Children Act allowing you to stay and base don the current facts you will win
So yes is he wants to keep his 50% share then he has to wait - If he wants money before then then he will have to accept a discount!
Clare and other Family Law Specialists are ready to help you