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plclegal
plclegal, Barrister
Category: Family Law
Satisfied Customers: 4151
Experience:  Barrister at law
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I currently am in a relationship. We both own the house.

Customer Question

I currently am in a relationship. We both own the house. Both on the mortage. I'm not working as I look after my children at the moment. I want to end the relationship but unsure where I stand regarding finance and the house
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No haven't done anything as of yet. I can't afford to pay for court
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: I live in Hampshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Submitted: 6 days ago.
Category: Family Law
Expert:  plclegal replied 6 days ago.

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

Can you confirm - are you married?

Customer: replied 6 days ago.
No we're not
Expert:  plclegal replied 6 days ago.

OK. Then in that case, it's quite straightforward.

The house is a joint asset, and if you can't agree that one of you remains there it will normally have to be sold and the proceeds split between you. Neither retains the right to remain in the house in the same way that could be argued if you were married, you both have equal rights.

If you have care of the children, he would be liable for child maintenance payments.

That's basically it - is there anything in particular I can clarify for you?

Customer: replied 6 days ago.
Okay thank you , just another question. Can I class myself as single whilst still living together and waiting for the house to sell because obviously if I end the relationship I will have no income. In the ideal situation he would leave whilst waiting for everything to go through but I know he won't so just want to know where I stand
Expert:  plclegal replied 6 days ago.

If you have separated but are still living under the same roof you can still call yourself 'single' yes. Lots of couples who separate have to remain in the same property if they are waiting for it to sell.

Can I clarify anything further?

Customer: replied 6 days ago.
Okay that's great thank you
Expert:  plclegal replied 6 days ago.

 

My pleasure.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter