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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 34910
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I bought my house 2yrs ago and put over (100k) of my money

Customer Question

I bought my house 2yrs ago and put over (100k) of my money into it (mortgage is in my name only) and my girlfriend moved in with our baby, she has become my fiancé but we are now splitting up. I am looking for some guidance as to my responsibilities and guidance.
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
Forgot to add since the baby my partner doesn't work, so full time mother
Expert:  Clare replied 8 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the property worth and how much is outstanding on the mortgage?

What other assets are there and what income do you each have?

How much does a cheaper two bedroom property in the same general area cost to buy?

Customer: replied 8 months ago.
Hi ClareThe property is worth £460,000 and the outstanding mortgage is £281,000. The only other asset is the car worth £9000.
In terms of pensions I have 3, 2 before I met my partner and my current scheme.I earn circa £115,000 my partner £0A cheaper 2 bedroom property ranges from £ 175,000 to £225,000
Expert:  Clare replied 8 months ago.

Did you ever say that the house was as much hers as it was yours?

Customer: replied 8 months ago.
No, we call it our home but as part of my will I left the house in trust to my daughter with my partner allowed to continue to live in the home. If downsize or sells the house all equity goes to my daughter.
Expert:  Clare replied 8 months ago.

Your only straightforward legal responsibility is to pay 12% of your gross income (at most) as Child Maintenance - less if you have the child overnight more than 52 nights a year or if you have other children you are financially responsible for

Your partner has no claim on your pensions as you were never married

She has no actual financial claim on the proceeds of sale of your property as she has made no financial contribution to it (and you are never married)

Under property law you can infect simply give her "reasonable written notice to leave" (at least 56 days)

However under Schedule 1 of the Children Act you have a responsibility to help house the child until the child is 18 - which could mean her remaining in the current home (without you) or that house being sold and a cheaper one purchased - in your name- which will revert to you when the child is 18

An alternative is to negotiate and offer her a lump sum to allow her to rehouse herself in rented accommodation (with a little over) so that your property is safe

I hope that this is of assistance - please ask if you need further details