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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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My partner and I separating. She is taking on the mortgage

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My partner and I separating. She is taking on the mortgage and buying me out. My share of the property is being gifted by her sister yet she will not give me any money until we have been to court for a clean break order.
Meaning myself and my daughter are trapped in the same house in a horrible environment and stopping me from moving out to a new house!
Can she with hold my share of the money prior to the clean break order.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Are you in England or Wales?-Are/were you married to your partner?-Do either of you have any other assets, if so what and their value.-What are your respective incomes?
Customer: replied 1 year ago.
I reside in England. I am in a civil partnership.
We have a tenants in common. My partner put up a deposit which equates too 16.22%.
However it states if we were to sell the property she would get 61.11% and I would get 38.89%. We have agreed on the value of the property following three valuations at 220k.
I am happy for my partner to get her deposit back, all I am asking for is £37,000 which is a lot lower than I know I could get if we went through the courts.
We both receive a similar income, my partner about 1500 and myself 1600. There are no other assets. Just the property that we jointly own.
All I need to know is can she with hold my share, once I receive my share I will look to buy or invest in another property and leave the home with my daughter.
Thank you for confirming. Unfortunately, she is pursuing a clean break prior to providing your share of the property as this is the best way to protect herself from any future claims from you in relation to the finances. Of course, if you are able to she can provide you your required share through voluntary negotiations she can provide your share first and then finalise a clean break.However, if the property is sold, solicitors will hold the proceeds of sale until you both agree a release.I hope this assists you. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.
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