How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Type Your Law Question Here...
Clare is online now

Separated from ex partner over two years ago. Still living

Customer Question

Separated from ex partner over two years ago. Still living in his house with two daughters aged 8 and 12. Though my name is XXXXX XXXXX the deeds or mortgage he says he wants to buy me out and give me half the equity on the house. I want to move out as he bullied me regularly and this has detrimental effect on me and the kids. I know if I move out I have less rights but I don't have any rights anyway as he has never allowed me to pay any bills. How do I go about getting a legal agreement that says he will give me half the equity within a finite amount of time? He may not give me any money but I want to know where I stand in looking for somewhere to live. Meg XXXXX

Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Are the children also his children?
Customer: replied 4 years ago.

The house is worth approx. £400,000 and there is a mortgage of £200,000 on it. Yes, both children are his.



Expert:  Clare replied 4 years ago.
How much do you need to buy an alternative property?
Customer: replied 4 years ago.

Between £200,000 and £250,000

Customer: replied 4 years ago.
Relist: Other.
long delay in getting answer - please give me a refund or answer my question.
Expert:  Clare replied 4 years ago.
My apologies - your question disappeared from my lists.
Your ex is under a duty to help you house the children until they are 18 - and on that basis you can ask for a lump sum to invest in another property so that you could house them - BUT that money would have to be repaid when your youngest is 18.
However once you leave the property then the strongest leverage that you have will disappear - you will be left with just the right to apply to the Court under Schedule 1 of the Children Act.
However if he is willing to pay you a lump sum then you can ask him to sign a Declaration of Trust confirming that he holds the property on behalf of both of you - and that Declaration can include a process by which you can force a sale if payment is not made
This is only a rough guideline - please ask if you need further details