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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1441
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Me and my ex partner are having a mortgage and 3 year old

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Hi, Me and my ex partner are having a mortgage and 3 year old daughter. We get the house last year. Months ago I had to moved out with my daughter because he was abuse mentally me. I called for a police once. But I already sort out everything like flat for me and for Natalia. I am working on apprenticeship in nursery nurse from march. My ex partner wants me to sign off from the contract because now he wants to take a house for himself. The thing is that I now he use me to take a house and now he wants to punished me that I left him. And he wants to take Natalia away from me. Natalia was born here in UK and we both are living here for 5 years. I couldn't stay at house because there was a lot of shouting from my ex partner side that is why I moved out. I know that Peter wants to take me to the court to fight for this house and for Natalia and he wants to take her to Poland as much as he want. But I do not agree. Natalia has got his surname and I wish I could change tat. What can I do? What are my rights for this house? I know if I will do everything what he want which is sign off from the house he will start to to get Natalia away from me saying that he has better circumstances for her than me. Yesterday he said if I will tell everything he will send me to the jail even if he has to go there. because he would feel better if he could take Natalia away from me. We do have a mediator but its not enough helpful in that case.
Customer: replied 2 years ago.
Peter is working an employment agency in recruitment thing. And I now that he can get payslips from his employment which could helped him to get a house.
Customer: replied 2 years ago.
not legally...
Customer: replied 2 years ago.
Hey I am waiting all day for an answer. Are you going to give any information. I have send a money and nothing.
Thank you for your question - I am a family Solicitor and can help you.
I am sorry to hear about the difficulties that you are are experiencing with your ex. I note that you refer to your ex as your partner - I am therefore presuming that you were not legally married.
In relation to your property it is important that you find out whether you are joint tenants or tenants in common. If the property is in joint names then you are entitled to a share in the property in their is equity in the property. You should not transfer your ownership of your property to your ex without a settlement having been agreed and paid to you. If you are joint tenants then it is assumed that you will have a 50% share of the equity and if you are tenants in common your papers will share what share is yours.
You may also wish to give consideration to a Schedule 1 children act claim to seek provision for your daughter.
I note that you consider that your ex wants to take your daughter back to Poland. Your ex would not be able to do this without your consent. Your ex could make an application to the court but if your daughter is settled her and is living with you then it is not likely that a court will agree with his request. If you ex makes a threat to remove your daughter from your care then you should ask the courts for a prohibited steps order to prevent him from doing so. If you did not consent to your ex taking your daughter to Poland, and he did not have permission of the court - then he would be committing child abduction.
I note that your daughter has your ex's surname and that you would like to change this. If your ex is named on your daughters birth certificate then his permission would be required for you to change her surname. If he did not provide his permission then an application would need to be need to the court to decide this specific issue. The courts do not like changing a childs' surname. It is often considered that a child's surname is ***** ***** to their family heritage.
I note that you state that you ex was mentally abusive towards you - if this was in the last 2 years then you might be able to get legal aid so that you can get help from a solicitor. You should consider this website and the types of evidence you can obtain:
Kind Regards
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Customer: replied 2 years ago.
Hi, I am happy that you replay for my message. I have to find a good solicitor who can defend me when we were going to the court. I don't want him to force me to sign off from the mortgage. That house supposed to be a good base for our daughter. If he will sign me off then me and she will lose everything. And we are not deserved for that. I do have a lot of recordings when Peter my ex Partner was abuse me In front of Natalia. I had to moved because of that. I don't want to go back there if he is there because nothing will change.... Please tell me how much money I had to pay if I will asked you to representing me. #
Kind Regards *****
Hello Magdalena
You might be able to get legal aid. Download the template from the link that I gave you in my last post - if your GP thinkks you are stressed as a result of your husbands behaviour then that will be your domestic violence evidence.
There is no reason why you should not get a settlement in your property - make sure you don't sign anything to give up your rights.
It really does depend how much work a solicitor has to do on children matters and settlement of the house as to what the cost would be.
If you get legal aid and get a settlement for the property then you would have to pay the legal aid back out of your settlement. Legal Aid rates are much cheaper than paying a solicitor privately. Paying a solicitor privately is normally several hundred pounds an hour whereas legal aid is around £50 an hour - therefore you get the same work at a fraction of the price.
Once you have been to your GP and he has completed the template letter - make an appointment to see a legal aid solicitor so that they can assess you.
Kind Regards
Please kindly rate my answer. Positive feedback is gratefully received.
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