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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1437
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Me and my partner separated 5 months go due to him cheating.

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Me and my partner separated 5 months go due to him cheating. We have 2 children and I have continued paying the mortgage all by myself as he left the home and stopped paying. I have paid off half our debts even those in his sole name. Our mortgage is interesterest only, I paid 14k deposit, we have 49k equity. He wants 20k but I don't want to pay him a penny as I'm transferring to a repayment in my name only and will be paying the entire mortgage alone. Where do I stand?
Hello Welcome to Just Answer I am a Solicitor and will assist you. Please may I ask: - did you ever marry?- how old are your children?- how long had you lived together?- whose name is ***** ***** in? his? yours? as joint tenants or tenants in common? Kind Regards Caroline
Customer: replied 2 years ago.
We never married but were together for 12 years. I had a house that I sold to buy this house and paid the deposit. We have lived here for 10 years. Our children are 6 and 7.
Both our names are ***** ***** mortgage. I can show the mortgage has been paid every month from my wages.
Customer: replied 2 years ago.
I just feel because it's interest only mortgage neither technically have's almost like renting. I will be taking on the full amount and have a mortgage in principle set up. Why should he get a share of something he has not paid for...
Hello Thank you for your response. Can you recall if there was any trust deed in respect of your deposit? It is worth knowing if you are tenants in common or joint tenants - do you still have the land registry title document? if not you can download one using the Land Registry website for £3 - follow this link and let me know when you have it. Kind Regards Caroline
Customer: replied 2 years ago.
We are both down as the owners.
Customer: replied 2 years ago.
There wasn't a trust deed or anything like set up. Tbh I thought we were together for ever.
Customer: replied 2 years ago.
I can show evidence that I gave been fair with debts and paid my half towards everything. I've never stopped him from seeing the boys, even had him in my home and used my food etc to keep it normal for the boys. He has taken items from the home which I have a copy off.
Our family dog had to put to sleep on Friday due to illness , he refused to pay towards any vet bills, leaving it all to me.
Hello Thank you. I have considered the register. Section 3 B of the Proprietorship Register - means that you are Tenants in Common. This means that you hold the property in separate shares. You need to get hold of the original conveyancing papers - as this will likely contain a deed of trust. I imagine that this will protect your deposit and the remainder if the equity to be split but I am only guessing and you will need to check. This is the legal starting point for what you both own in the property. I am very sorry to hear how he has not been helping you out and for your loss. Unfortunately he will still have a claim to some of the interest in the property - the legal starting point being what your trust deed states. Your ex could make an application to the court for his interest in the property to be realised. The court however will consider the interests of your children as they are living at your property and the court are unlikely to agree that the house be sold at this time whilst your children are minors. The court can also undertake 'equitable accounting' - that being that you have a larger share because you are the one continuing to pay the mortgage. I would recommend that you try and come to some sort of agreement with your ex as to what his interest in the property is. Better to do this now rather than years down the line when there is more equity and he is likely to try and argue a larger share. Family mediation can try and help you both come to an agreement as to his interest and how this will be realised. The court in an application of this type couldn't offset what yo have paid for his sole bills - but you could issue a small claim for any monies that you paid that he was suppose to repay and he hasnt. Mediation is informal and therefore you could seek to reach agreement through the mediation service that you wouldnt start to claim these monies back if they could be offest against his interest in the property. Please do not hesitate to ask if I can clarify anything for you. (I will answer in the morning now). Kind Regards ***** ***** kindly remember to star rate our service so that we receive credit for helping you today
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