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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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What rights do I have now I have left my partner of 18yrs,

Customer Question

What rights do I have now I have left my partner of 18yrs, his still in the house we jointly own, and my 16 and 17 son and daughter still live there with my partner. Is there anything I need to put in place?
Submitted: 2 years ago.
Category: Family Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Just a bit more information required:
- Are you married to him?
- What are the plans in relation to the property?
- The property is jointly owned, is this as joint tenants or tenants in common?
Customer: replied 2 years ago.
No not married to him, joint tenants mortgage, I don't know what the plans are because my children live there, I don't know if I have any right to push to sell because they are 15 and 16 but I would and have offered for them to live with me. He has offered me £30k but the house is worth about £250k I have walked away with nothing !
Expert:  Harris replied 2 years ago.
Thanks - in these circumstances whichever you stays in the property would be able to apply to court to remain there for the benefit of the children, and once they reach a certain age (eg. finish education) for the property to be sold and proceeds to be divided.
In your matter, if the title is held 50-50 and there is no deed of trust or formal agreement that this should be different then legally you will be entitled to 50% of the proceeds of sale.
Customer: replied 2 years ago.
As I have taken £15k debt of my partner before I left, what else should I be paying towards into the house? He pays the mortgage and I pay £60 week at the moment? And I'm I due any other money as a common law after 18 years?
Expert:  Harris replied 2 years ago.
What is the £60 per week for?
It is usual for the occupying party to continue to meet the outgoings of the home.
If the children are to remain living with him he is entitled to make an application for child maintenance which will be calculated based on your gross income and how many nights a week on average the children stay over with you. Child maintenance for your 16 year old will only be due if he/she is in sixth form or on a government approved training course.
Customer: replied 2 years ago.
£60 child maintence or money towards the home. Plus I pay for all there clothes they are with me 3 to 4 times a week. I'm just worried am I allowed to just walk into the property.?
Expert:  Harris replied 2 years ago.
Without a court order excluding your from the property you have a right to go back or occupy the property, however you will need to consider the practicalities of this and if it will further impact your relationship.
Expert:  Harris replied 2 years ago.
Please can you confirm the value of the property and outstanding mortgage and if it can be immediately sold in the circumstances?
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.