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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34887
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 am in the process of splitting up from my partner. We are

Customer Question

I am in the process of splitting up from my partner. We are unmarried, have two children aged 6 and 8 years. The house is on the market, which has a joint mortgage, although it is my partner who has been making the repayments. I need to know a few things.
1; What money am I entitled to from the sale of the house, so that I can look at buying a house for myself and the children?
2; What maintenance can I expect to receive, for the children, from my partner? He is self employed and will not let me know what he earns.
3;Re access to the children. I am happy for my partner to see the chidren at weekends, weektime, when possible and during school holidays. He tells me that once we have split up/moved on, etc, that he never wants to see me or the children again. This I do not want and will do anything I can, for him to keep a relationship with his children.
I would appreciate any advice possible. Money is very tight, and would be a problem finding the funds to pay for legal advice on this matterm
Many thanks.
Annabelle Scholfield
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?
Customer: replied 3 years ago.

The house has been valued at £6750000, and as far as I am aware the mortgage has been paid off in full, although through lack of communication this has not been officially said to me, although I have read a letter to the effect of it being paid off.

Expert:  Clare replied 3 years ago.
How much do you need to rehouse yourself and the children?
How was the purchase funded?
Customer: replied 3 years ago.

Ideally about the £400k mark, Or this was my way of thinking, which meant that he could potentially have £250k, which in the area is doable for the right accommodation for him. Although looking around there doesn't seem to be much on the market around the £400 mark, in the area and with the accommodation needed. We initially took out a mortgage, which I now think has been paid off in full.

Expert:  Clare replied 3 years ago.
How was the deposit funded?
What income do you each have?
Customer: replied 3 years ago.

We both owned separate houses, which we sold to buy the one we are in at the moment. I earn between £50 and £100 per week. With lack of communication I have no idea what the other half earns. He tells me nothing, but then he manages to get money from somewhere to pay bills, cars, food, etc

Expert:  Clare replied 3 years ago.
Under schedule 1 of the Children Act your ex i sunder a duty to help you house the children until they are 18.
If you will need more than your share of the equity to do that then the Court can Order that you have some of his BUT it will be repayable when the children are 18 or you cohabit
You shoudl try and discuss this with him using Family mediation
You will be entitled to child maintenance at 16% of his Gross Income - and if he refuses to give details of this the the CMS (NEW CSA) can get the necessary information from the HMRC
Unfortunately however you cannot force him to have contact with the children if he does not wish to do so.
You can however discuss that in mediation as well
I hope that this is of assistance - please ask if you need further details