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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 9569
Experience:  Dual qualified Solicitor and Attorney
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I live with my partner we are not married and have a child.

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Hi I live with my partner we are not married and have a child. I have received a solicitors e-mail stating that they are going to apply for the schedule one of children's act.
She will be receiving approximately 85k from rental properties she has a share in that I will be buying her out of plus she has the capability of getting a mortgage of 115k.Plus she received 18k a couple of years ago from a property sale plus wages of approximately 35k whilst in lockdown and with very little to spend money on.
The letter stated "that the application she will be making, as well as under schedule one, would be for the sale of all of the properties," please note that two of the properties have declaration of trusts on them where I own a larger % and one we own 50/50. Can I be forced to sell the properties as these will become my main source of income once the separation has completed?
I feel she is wanting to make a claim just to make things difficult for me as in my opinion she has adequate funds. Her solicitor in there e-mail to me said the ex feels she can afford £350 a month to pay mortgage payments this is despite her earning £21k plus child benefit.
Do you think she has no grounds to make this claim and if yes under what grounds can I say? Thanks
Hello,

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Customer: replied 13 days ago.
Thank you when do you think I will receive a response? Thanks
Customer: replied 13 days ago.
Please can you advise me when as I am paying my monthly membership? Thanks

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Schedule 1 of the Children Act 1989 in essence provides that the court can make an order in favour of a child or children where it is in the best interest of the child and is most often used where parents have not been married. The act does allow for lump sum payments and the transfer of property but the court will assess the application in light of a number of factors including:

The financial circumstances of each parent both now and in the future - Here your ex is in a good financial position, possibly even better than you
The financial needs of any children The needs can be met from the savings and income of your ex
The income, earning capacity (if any), property and other financial resources of the child - N/A
Any physical or mental disability of the child - N/A
The manner in which the child was being, or was expected to be, educated or trained. - Well but then the mother has earning capacity and income
I therefore, do not think the application will succeed you will defend the application based on the extensive income and financial resources of your ex. I trust this assists

Customer: replied 12 days ago.
Thank you for your response. Please could you answer the following;
The letter stated "that the application she will be making, as well as under schedule one, would be for the sale of all of the properties," please note that two of the properties have declaration of trusts on them where I own a larger % and one we own 50/50. Can I be forced to sell the properties as these will become my main source of income once the separation has completed? If yes how much would it cost her in court costs if I object to sell the properties?
How can she force me to sell the properties when she can afford one herself and that will be my main source of income due to the very low salary I have received. Is it because my salary has been so low that they can force a sale for maintenance as the ex solicitor has said based on my salary the payments will be small.
Please also note that I will be buying the ex out of her share of the properties anyway as part of the settlement
Please you advise me on each point above? Please could you help and what I should say to her solicitor to stop this from happening. Thank you

Yes the court could force you to sell the properties but they are unlikely to do so they will likely enforce the deeds of trust. I do not know how much her court costs will be it depends on how long it takes, lawyer she uses for example. As mentioned I do not think the court will order the sale of the properties. I trust this assists

Customer: replied 12 days ago.
Why are they requesting to sell the properties do you think? Surely the courts would factor in that would reduce the maintenance payments our daughter would receive and in addition our daughters future.
Please could you help and what I should say to her solicitor to stop this from happening.
In addition the ex has said she can only afford mortgage payments of £330 despite her net take home pay been £1400 plus child benefit plus universal credit plus maintenance it seems she is just coming up with a payment she can afford to have more disposable income. Will that be factored in to her claim.
Thank you

They are asking because they want more money for her probably, I am not a psychiatrist though. Why does anyone do anything? It does not really matter, what matters is they are saying they are doing it. In terms of replying to her solicitor, you will not persuade them to not apply so I suggest simply stating that you feel such an application is not necessary as your ex has sufficient means to your children's needs and indeed even more than you. Furthermore, you dispute the suggestion her ability to pay for mortgage payments is as they suggest and you will dispute this in court. I trust this assists

Customer: replied 12 days ago.
Sorry if the question sounded daft.

No need to apologise, it is fine. Take care

Customer: replied 12 days ago.
Thank you sorry

Take care

Jeremy Aldermartin, Solicitor
Category: Family Law
Satisfied Customers: 9569
Experience: Dual qualified Solicitor and Attorney
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