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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Me and my partner are separating. We bought a house about

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Hi,me and my partner are separating. We bought a house about 8 years ago. I put £40,000 deposit and have been paying the mortgage. We have an eleven year old daughter. MY partner cannot afford to buy me out and she does not want to sell. She wants me to leave my deposit in the house and rent somewhere. I can't afford to do that and pay maintenance for my daughter. The c.a.b have told her that i would not be able to sell,because of my daughter is she right .
Hi, thanks for your question. Please confirm:- Are you/ were you married to your partner?- What are the arrangements for your daughter (ie. who will she live with and what will the arrangements be for both of you?)- Do either of you have any other assets or properties?
Customer: replied 2 years ago.
No,we were not married. My daughter would probably stay with her mother. There are no other assets in the house.
Thanks for confirming. The mother, being the main carer, will be entitled to pursue an application under Schedule 1 of the Children Act 1989 in order for her and your daughter to be housed at the home and the court will consider all the circumstances of the case and the potential impact it has on you. What is the equity in the property and will she be able to afford to meet all the outgoings herself? Will you be able to afford to rent a 1/2 bedroom property solely? In relation to child maintenance, this will be decided based on your gross income and how many nights on average per week your daughter stays with you - if you provide me this information I can provide you with the legal child maintenance amount.
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Customer: replied 2 years ago.
Hi, does this mean I would not be able to get my £40,000 deposit?
If an order is made for her and the child to remain in the property, this will be until a certain trigger event, such as your daughter completing education. When that trigger event is met, the order should state that the property is to be sold and for the proceeds of sale to be divided between you.