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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34888
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 want to separate from my partner. We are unmarried. We

Customer Question

Hello, I want to separate from my partner. We are unmarried. We have a 5 year old together. We live in my house with my sole name on mortgage. He pays slightly more monthly into our joint account as he earns twice my salary. Legally, does he have a claim on my house? What would I do to evict him? Would any other joint assets come into bear? Thanks
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further informtaion first

How much has he paid each month?

Customer: replied 1 year ago.
Hi, We have a joint account for all outgoings - mortgage, bills, food etc. I pay £1000. He pays £1200. So £200 extra but it's not earmarked mortgage
Expert:  Clare replied 1 year ago.

How much was the mortgage?

How much is the house worth now and how much is outstanding on the mortgage?

Customer: replied 1 year ago.
In 2011, I paid £100k deposit & original mortgage value was £120k House worth £270k now. £85k outstanding.
Expert:  Clare replied 1 year ago.

What is the ongoing mortgage payment - and what is the going rental for houses of that size in your area?

Customer: replied 1 year ago.
Basic £735 monthly mortgage payment with an extra overpayment of £435. Local likewise rental in area is £850
Expert:  Clare replied 1 year ago.

Has he paid towards any improvements to the property?

What other joint assets are there?

Customer: replied 1 year ago.
he has paid for improvements. Yes we are both named on deeds to a property abroad.
Expert:  Clare replied 1 year ago.

What has he paid for and how much has it improved the value of the house?

Customer: replied 1 year ago.
Improvements incl garden, paid max 10k. Maybe increased valued by max 10k
Expert:  Clare replied 1 year ago.

What work was done in the garden?

Customer: replied 1 year ago.
New layout landscaped
Expert:  Clare replied 1 year ago.

Has that really increased the value of the property?

Customer: replied 1 year ago.
Not really
Expert:  Clare replied 1 year ago.

I am afraid that he does have a financial claim on the property given the fact that he has contributed so much towards the household budget which has allowed you to make overpayments on the mortgage.

He may also have a claim arising out of the landscaping he funded - but that is less clear unless he obtains confirmation that the work that he has funded has enhanced the value of the property

However these are financial claims and do not give him the right to live in the property - and they certainly do not amount to a 50/50 split or anything close.

If you wish him to leave you need to give him "reasonable written Notice to leave " - at least two months in your case - and at the end of that time you can change the locks.

It would be sensible given the fact that you have a child together to discuss his moving out - and whether he will accept a larger share of the joint assets in lieu of his claim on your property - using Family mediation

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Thank you for your answer!
Expert:  Clare replied 1 year ago.

You are most welcome - I hope all goes well