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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32177
Experience:  Over 5 years in practice
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I am considering a legal action against an ex partner.

Customer Question

I am considering a legal action against an ex partner. She has care of our two children (1 and 3 years old) and on separation took 100% of an increase in value on our jointly owned flat, and then maintenance on top of it. I am concerned maintenance payments will cripple me when the 2 years paid in advance is up.
The money has already been paid into a house where she is now mortgage free, almost 8 months ago. Bearing in mind that the best outcome would be a £40000 share and worst nothing at all, is it worth pursuing legal action with all the costs it may entail? Or if no advice can be given on that, is there a ballpark figure or range of costs? We never married.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 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.Could you explain a little more about the financial agreement that you made and how it was carried out?
Customer: replied 3 years ago.

Hi. The financial agreement was made informally shortly after our split. The money from the house sale was split along the following lines: Eachof us ccalculated the amount we put in. From the amount that I put in, deductions were made for 2 years of child support at 400 pounds per month, and a payment of 20 pounds per week (40 per visit) to cover the costs of staying at her new house when I visit (part refunded now she has decided I can't stay there). All increase in equity, amounting to around 100000 went to her.

Expert:  Clare replied 3 years ago.
How much was the property worth and how much was outstanding on the mortgage?
Customer: replied 3 years ago.

The property was worth 525k with an outstanding mortgage of 285k, although as mentioned our costs were considered first, as she had reduced the mortgage by 25k recently due to the sale of her old flat.

Expert:  Clare replied 3 years ago.
How much did you each receive?