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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35049
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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My partner and I have been separated years. We have

Customer Question

My partner and I have been separated for three years. We have a son that is three years old and a son of 15 from a previous relationship. I am still in the house that we bought. I have been paying him half the mortgage for the time he has not been living here. He pays me no maintenance .Now he has said I am either to buy him out or sell the house. Buying him out is not an option. Can he force sale on the house ?
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 property worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.
Roughly about £180,000 and roughly £160.000 outstanding
Customer: replied 2 years ago.
Sorry for the short reply Clare . I am just very stressed.
Expert:  Clare replied 2 years ago.
How much does a cheaper three bedroom property in the same general area cost to buy?
Customer: replied 2 years ago.
The lowest on Right move today for this area is £239,000
Customer: replied 2 years ago.
The only other ones which I have seen up a few months ago were about £160,000. But today on right move £239,000 is the lowest for the area
Expert:  Clare replied 2 years ago.
Your ex i sunder a duty to help you house your joint child until that child is 18 - and he will not be able to force a sale of the property until your youngest child is 18 or you cohabit.
You will have to take on the whole of the mortgage - but he will have to pay child maintenance at 12% of his gross income (less if he has the child more than 52 nights a year)
I hope that this is of assistance - please ask if you need further details