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marcusmalin
marcusmalin,
Category: Law
Satisfied Customers: 1585
66642005
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My relationship has broken down with my partner of 15 years.

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My relationship has broken down with my partner of 15 years. We have a house of which he put a larger deposit down because of his credit history. We have lived here 4 years next June. He has paid our joint mortgage and bills and I payed nursery council tax and most other household expenses and all contents (lawn mower, furniture, gravel, paint etc.) I look after our son and he just comes and goes when he wants. How do I go about sorting the house and custody of our son? I would rather stay in the house as I work as a teacher at the school at the top of my road and have registered for my son to go there
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No
Assistant: Have you talked to a lawyer about this yet?
Customer: No
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No
Customer: replied 12 days ago.
I also pay him money each month so that we have more equal expenses. Eg he pays 773 per mon I pay 504 plus 280 that last couple of months and varying amounts before that. Or I will do all the food shopping

Hello, my name is Marcus.

I presume that you own the house jointly. That being the case do you know if you are joint tenants or did you enter an agreement known as a deed of trust at the time of purchase reflecting your respective contributions.

Thank you.

 

Customer: replied 12 days ago.
Joint tenants
Customer: replied 12 days ago.
No thank you
Customer: replied 12 days ago.
We entered into the mortgage equally as joint tenants

Hello, there is no need for a call the request was automated.

As you are joint tenants then at the time of separation you have an equal interest in the property regardless of previous financial contributions.

Your respective 50% shares can be varied going forward by way of equitable accounting depending on who remains in the property and is paying the mortgage.

So on the basis you have just separated and you both have a 50% interest in the property consideration has to be given to whether the property should be sold or transferred.

As you are the carer for you son - how old is he - you could remain in the property if you could afford to maintain it if your ex partner pays you child support. So you could possibly prevent a sale if your 50% and mortgage capacity would not enable you to buy another house.

What would you like to achieve?

Thank you

Marcus.

Hello,

I would be most grateful if you could kindly rate my answer to enable me to get credit for it.

If you have any further questions please do not hesitate to ask.

Thank you.

Marcus.

Customer: replied 12 days ago.
My son is 3. I would like to know what my options are

Hello,

Can you afford to maintain the flat?

What is the value of the property and the outstanding mortgage. What is your mortgage capacity?

Thank you.

Marcus.

Customer: replied 12 days ago.
My income is just over 2000 per month the property was brought for £145000 3 years ago last June. Our mortgage is 433.25 per month.

Thank you.

What is the outstanding mortgage?

Could you afford to maintain the property if he pays child support?

Thank you.

Marcus.

Hello, do you require any further assistance?

Thank you.

Marcus.

marcusmalin and 3 other Law Specialists are ready to help you
Customer: replied 8 days ago.
No thank you

I am always here if you do need further assistance.

Thank you.

Marcus.