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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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Ive been with my partner 16 years, lived together for 9. Have

Customer Question

I've been with my partner 16 years, lived together for 9. Have two children 7 and 4. I gave up work April 2013 due to our youngest child being diagnosed with diabetes and the decision was made that I would stay home to care for her she starts school this September. The family home is owned by my partner, I'm not on the mortgage. We have decided to split and that myself and the children will leave and rent somewhere. I've been advised to get some legal advice on my rights. Am I doing the right thing leaving the house?
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 much is the house worth and how much is outstanding on the mortgage?
what settlement has your ex offered - and do you actually wish to leave the property?
Customer: replied 3 years ago.
House is worth about £450,000. I have no idea what's left on it but I do know we pay interest only and have been here 6 years in November. My partner has only offered to help me with a deposit on a new house (to rent) and to support the children. As the children have been here all their lives I don't really want to leave but I am more than prepared to, it's not my house after all.
Customer: replied 3 years ago.

I really just need to know where I stand as we're not married? Do I have any rights at all? And how long should I wait for a reply?
Expert:  Clare replied 3 years ago.
My apologies for the delay.
Your ex is under a duty to help house the children until they are 18 - and this COULD mean you remaining in the property (without him) until then.
However when your youngest child reaches 18 the property then reverts to your ex.
If you are willing to move then you could use the fact that you could apply to an Order which would leave him waiting for years for his property to negotiate a significant lump sum settlement so that you can move out and establish yourself in a rented property
In addition if you have made a financial contribution in the past to the mortgage or any alterations to the structure of the property then this may give you a financial claim on the proceeds of sale - another point of leverage.
You shoudl offer to discuss this with your ex using Family mediation
Please ask if you need further details