Ask a Family Law Question, Get an Answer ASAP!
Hello and thank you for the question. I’ll do my best to assist you and provide an accurate and speedy response. Please bear with me as this is an email service and not live chat, replies will not be instant as a result. Also note that the discussions here are for general information purposes only and do not constitute a lawyer client relationship.
Let me just review your query and I’ll come back to you with any points I need clarifying in order to be able to answer.
Can you confirm what size property this is and what she would realistically need to house her and the children?
Are you also having regular contact with the girls and do they come to stay with you?
Are you both in employment and able to take out a mortgage?
Yes of course.
It seems to me that she is being very unreasonable. There is plenty of equity to rehouse both of you and you both need to provide a home for your children.
She can also afford a mortgage herself.
I would suggest that you stick to your guns, tell her that she is living in cloud cuckoo land and there is no way that the courts would agree that she sits in a house that is far too big for the family's needs with lots of equity in the property, whilst you are renting for the next 10+ years.
You aren't married, so the starting point is that you split the asset equally.
As long as this provides enough for you both to fund new homes for the children to live with each of you, the court will approve a sale.
It may be that you have to invest a little money in a solicitor writing to her to tell her this in plain and simple terms.
Can I clarify anything more?
Happy to help, and I hope that you are able to resolve this sooner rather than later.
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Can I assist further today?
I think thats all from my end, and I was happy to assist you today.
Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you. You can request me personally on a new question thread saving my profile as one of your preferred experts and by tagging me (@PLCLEGAL) at the start of the new thread. Best wishes, Peter.
Have a great day!