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ukfamilysolicitor
ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1494
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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Last December my partner after 10 years of relationships

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Hello,
Last December my partner after 10 years of relationships left me. We were not married. We have mortgage together, we still need to pay it for another 7,5 years. House is 50/50 ovnership and in case of death other person have an all property. Now when he has left me this has change. I have daughter he has no children. In case of my death my daughter would become a homeless. Please could you advise me what to do next. Kind Regards Anna

Hello Anna

Welcome to Just Answer

I am a Solicitor and will assist you.

Please may I ask:

- how old is your daughter?

- is your ex her biological father?

- what is the equity int he house?

- now that he has changed the ownership from joint tenants to tenants in common - do you know if he has a will and if so, who would he be leaving his share too?

kind regards

Caroline

Ps I just need to nip out but will respond as soon as I can

Customer: replied 6 months ago.
My daughter is 16 , he is not the father we need to pay around 98k. He doesn't want to talk about house at all we are almost not in touch

Hello

Thank you for the response. Is that 98k left to pay on the mortgage? how much would the house sell for?

kind regards

Caroline

Customer: replied 6 months ago.
Maybe 190000? This is not very posh poscode or house . In time of mortgage was worth 175000 in 2013

Hello

Thank you for clarifying that for me.

What you need to know is that as joint owners of the property then it is possible for either of you at any time to make an application to the court for an order that the house be sold. If your ex was to pass away and whomever he had left his share of the property too could also make such an application to the court aswell.

If such an application was made to the court then the court when making its decision would have to consider any minor children living in the property. This would include your daughter until she is 18 years old even though he is not the biological father for her.

Given that you if the house was to be sold then you would only be getting around 50K equity each then a court might well think that this is not sufficient for you to be able to rehouse your minor daughter and therefor the court might well decide that the house not be sold until she reaches 18.

So at this stage whilst she is still a minor the court will have to consider her.

I hope that this helps you.

Let me know if I can assist you further

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today.

Customer: replied 6 months ago.
Thank you very much for your advice. He does not want to sell at the moment I was worried that in case of my death, my daughter would have nothing before reaching 18.
Kind Regards *****

Hello Anna

Thank you for your kind words.

Children can move out at 16 so there is no reason why your daughter could not keep living there until at least 18.

If I can assist you further then please do not hesitate to ask

kind regards

Caroline

Please kindly remember to rate positively by using the stars so that credit is received for helping you today.

ukfamilysolicitor and other Family Law Specialists are ready to help you
Customer: replied 6 months ago.
Thank you for your advice. So if we do not want to sell now, I'm stuck for 7 and a half year in joint ownership with him and he can move in anytime he wants?

Hello Anna

Thank you or your response. Glad that I could help.

You could make an application to court if you want to sell before the 7 1/2 years too if you wanted too - as it works both ways.

As a joint owner he does have a right to reside in the property but if he came back and there was hostility then you could consider making an application for an occupation order to exclude his right of occupation for a shirt term basis.

kindest regards

Caroline

Customer: replied 6 months ago.
Thank you.

Your welcome. Thank you for using Just Answer. If I can assist you further then do not hesitate to ask.