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Category: Family Law
Satisfied Customers: 259
Experience:  Expert
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Me and my ex leave in our house together whit our 2 year old

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Hi there me and my ex leave in our house together whit our 2 year old girl . We have joint tenancy on the mortgage how ever I put down the whole deposit and I don’t want to sell for the stability of my daughter . What do I do?
JA: What steps have you taken? Have you filed any papers in family court?
Customer: No not yet . He has a solicitor but I can’t afford one as I work part time and look after our little girl
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 live in Surrey frimley
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: When we purchased the house I had a bigger stake if we were to sell . But he made me change it to 50/50 or he was going to leave me . I suffered greatly with postnatal depression for the first year which I received help for .
Customer: replied 7 days ago.
Can I please add that we are not married

Good evening and thank you for your question. I'm Jeremy, a solicitor specialising in divorce, separation and financial matters. I'm sorry to hear about your situation but I'd be happy to give you some guidance. Firstly, please could you confirm how much you think the property is worth? Secondly, is he insisting that the house be sold? Thanks, J

Customer: replied 7 days ago.
The property has be valued to be put up for 495,0000. I’m awaiting a letter from his solicitor tomorrow. But he had told me he wants to sell . Thank you
Customer: replied 7 days ago.
Also my mum and dad gifted us 20k

Hello again and thank you for that information. If you want to remain in the house, you could threaten to make an application under Schedule 1 of the Children Act 1989 to have the property transferred into your sole name for the benefit of your daughter until she gets to age 11 (sometimes 16 or 18). You could also potentially get him to help pay some (or all) the mortgage for the benefit of your daughter. It is a real 'nuclear strike' when there are children involved and an ex-partner isn't properly considering the child's housing needs but, instead, is trying to get the family home sold.

Customer: replied 7 days ago.
Amazing thank you so much for your advice . How do I get this application?
Customer: replied 7 days ago.
Will there be any consequences for me . Many thanks

If he is still living in the house and you want him out, you could consider making an application for an occupation order. This is an injunction made by the court ordering him to leave for between 6 and 12 months. It is backed up by a power of arrest. If he tried to return, you could call the police and have him arrested. To obtain an occupation order, you have to show that you have suffered, are suffering or will suffer 'significant harm.' Harm can be defined as physical, mental or financial. The court also has discretionary powers to make an occupation order based on income, housing needs and any other relevant factors.

There would be no consequences for you. You get to remain in the house with your daughter and your ex would have to live elsewhere. You'd have to make your daughter available to spend time with her father, however, you could negotiate this depending on her needs, commitments, distance, etc.

Customer: replied 7 days ago.
Thank you so much . With this information how do I act now .
Customer: replied 7 days ago.
Do I let him know I have this information?
Customer: replied 7 days ago.
I really do want to make it as peaceful as I can be he is being rather difficult
Customer: replied 7 days ago.
I have had in the past a drinking problem he has called me names in the last year and has not been supportive making me drink more , I am frightened he will say I am Un fit . But he has been in jail for in total 3 years and had been banned from all the local pubs in our area. I have no criminal records . Many thanks

I think you need to let him know you've sought advice and this is the action you'll take if he tries to force a sale. You could tell him face to face, email/message him or appoint a solicitor to write on your behalf. it'll certainly make him think twice. The drinking issue is a non-issue. He can raise it but, unless you are drunk to the point where you are unable to care for your daughter, the court is not going to be interested. Besides, his jail time for 3 years is far more concerning when looking at the bigger picture.

Customer: replied 7 days ago.
I have just spoke to him . And he has said all the advice is not true . Is it possible to hire you privately, how do costs work as I’m only part time . Since we moved in he has paid the mortgage and most of the utilitie bills. I pay for my daughters needs , the family food and the water bill . Will that go against me ? Many thanks
Customer: replied 6 days ago.
Hi there am sorry to be a pain but do I stop have your help , I’m getting rather desperate now . Many thanks
Hello again. I'm very happy to help. The likely costs would be somewhere in the region of £6k-£7k (+VAT). I could get my trainee to work on it under my supervision. She'd charge about half that.
Customer: replied 6 days ago.
Okay I will have to ask if someone can help me with those payments . Thank you

I appreciate that it's a lot of money, however, it's entirely possible that my firm would accept monthly payments to help you out. The matter would probably take between 6 and 8 months to settle. Kind regards, J

Customer: replied 6 days ago.
Okay thank you
My pleasure.
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