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Ross Miller
Ross Miller,
Category: Family Law
Satisfied Customers: 1845
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I am trying to understand my rights with regards to my

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Hi, I am trying to understand my rights with regards ***** ***** property. I jointly own it with my ex wife, who lives there with my 7 year old daughter, and two children from her previous marriage, 16 and 19 (working full time). She has recently moved in her new boyfriend without my consent, and I am still paying over 50% of the mortgage each month. I do not think this is a fair situation, as I have my own living costs, and the divorce was due to her adultery - I did not wish to leave the family home but had no choice
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No, I am not sure what my options are - everyone says as my daughter lives there I can do nothing
JA: 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'm in the UK
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thank you, ***** ***** about everything

Hello my name is ***** ***** I can help with this matter.

I can appreciate that this is difficult for you. However, the issue is really the children and what you want the outcome to be. In reality in order together a final judgment in this matter you would require to go to court to have something legally put in place. However, I can understand that you don't feel it is fair that you pay 50% when she has moved someone else in which is entirely understandable. What you need to do is initiate mediation (I will provide details for you). If you go to mediation with your ex, you can put your case forward and look to try and negotiate a lesser contribution now that she has moved someone else in who can (and should) contribute to the running of the house. Hopefully, with some mediation you will be able to come to a resolution. However, if this is not successful, then you will have to look at taking the matter to court. A judge will consider the circumstances and can make a legal order to instruct what everyone's liability and obligations are given the new circumstances. It could even be a case your ex could look at buying you out. It is highly unlikely that the judge would order the sale of the house (not that you have suggested this) as there are still children who rely on the house.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

Kind regards

Ross

Ross Miller and 5 other Family Law Specialists are ready to help you
Customer: replied 7 months ago.
Hi Ross, thanks for your response. It's sounding like unless she can be convinced to buy me out I have limited options. My primary concern is being able to buy a new property with my fiance - I've been out of the property for over 2 years now, and I'm ready to move on with my life. The stamp duty on 2nd properties will unfairly impact my ability to purchase a new home.

No that is not necessarily true there are many different types of options you can explore and this is one of the very useful reasons to intimate mediation in the first instance before looking at court proceedings. I am not a conveyancing solicitor however, looking at another property then you should speak to one as I believe (but don't quote me) there are some tax exemptions if you purchase a secondary house but don't live in your primary house that you own however, you would have to speak to a conveyancing solicitor for advice on this matter.