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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35564
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'm cohabiting with my partner for 6,5 years, we have 2

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I'm cohabiting with my partner for 6,5 years, we have 2 children 5&6 years old,we saved money together for fees and deposit and bought a house where we all moved in 2014. As I was already on maternity back and was paying off small loan then the bank didn't approve my mortgage application, so only my partner is the legal owner. I'm contributing to the household by providing food&necessities, maintaining the house, proving &looking after children, payin cauncil tax, paying for family car, but he denies me any ownership of the house or to give me any money for household meaintainance as he says he pays the mortgage, of a house which is solely his. He refuses to put me on deed or to give me any part of we separate.
Our relationship is very unstable and I worry where we will go with my children.
He also bought another property in his name that was in 2011 when we were going out and I was pregnant with his 1st child. He is renting it out and has some income out of it which he uses to pay mortgage on our house.please tell me if I have any rights thank you
Customer: replied 5 months ago.
I also need to add that for the deposit money some was boroughed from his mum and some was saved about 15000 gbp from renting a room in the flat where we lived which I organized. I don't have however proof of it. I also put 3000 in cash towards the cost. We bought the house for 345,ooo now worth cca 420,000

My name is Clare

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

Do you still have any correspondence relating to the fact the original application for the mortgage?

Customer: replied 5 months ago.
Hi Clare yes I have an email correspondence of it from 2013 between Halifax bank and my partner
Customer: replied 5 months ago.
Here below is the mortgage promise from Halifax from 2013. I the didn't return to work due to expecting another child so I couldn't get the mortgage in my name.

There is ample evidence that this was always planned as a joint enterprise and accordingly you can make an application under the Trusts of Land and Appointment of Trustees Act for an order stating that he holds the property on Trust for you both

In addition under Schedule 1 of the Children Act in the event of a separation your partner would be under a duty to help you house the children until they are 18 - which could mean you remaining in your current home until your youngest is 18 or you cohabit.

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

Customer: replied 5 months ago.
Hi Clare many thanks for your answer.
He is on a low income now so he threatens to sell the house incase of separation as he can't cover the mortgage. He could cover it from renting the other flat but then he had nowhere to live. Cohabiting in not an option for all these years ahead.
When shall I make the application under Trust of Land - straight away or in case of separation? How do I go about it? thank you!!
Customer: replied 5 months ago.
To add to it he is not trying very hard to get an decent income so if we separate he probably would have to give us very little as child maintenance

How much is the property worth and how much is outstanding on the mortgage?

Customer: replied 5 months ago.
We bought it for 345,000
Now worth 420,000
I would have to find out what is still outstanding I imagine a lot after just living here from 2014.

How much is the monthly payment - and what is his actual income

Customer: replied 5 months ago.
hello Clare, at the moment he works only part time and is on and off jobs all the time. He earns now cca 250 GBP a week minus taxes. He also has an income from his other property cca 2.500 GBP per month and from that he manages to pay his mortgage here and also on the other property plus bills. He may have something left from that maybe 500 GBP but I am not sure. The monthly mortgage payment on this house is around 1200 GBP, on the other flat cca 500 GBP. The income from the other property is not taxed.

What income do you now have?

Clare and other Family Law Specialists are ready to help you
Customer: replied 5 months ago.
I'm now self employed working part time around children, I'm on around 8.000 gbp a year. Prior children I was on 32,000 as Sales manager for language school.
Clare if you could indicate what would be best for me to do - stay part time, or go full time somewhere earning more (and paying child care), what kind of thing would be best for the court if it happens for my position?