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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35950
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My ex partner left me 7 months ago. We have a house with a

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Hi my ex partner left me 7 months ago. We have a house with a mortgage and I have lived in the property with my 9 year old daughter since he left. He has been paying some money towards the mortgage and some of the bills. The house is now sold subject to contract for a price that we both agreed through estate agent. He entered the property when I was out a few weeks ago and took some things out of the property and then this week he came and took the dog while I was out without telling me and then told me he was collecting the car that night which is in his name but which I have been paying half towards the finance and all of the car insurance. He has taken the car but he is now getting nasty over how the money will be split when the house is sold and is threatening to take the house off the market and move back in if I don’t give in to his demands over the money. I cannot stay there with my daughter if he moves back into the house as i have an underlying health condition and this is making me ill and I would not feel safe. Would I have any rights over making him sell the property if I left and moved back to my parents and he moves in to the property
JA: Where are you? It matters because laws vary by location.
Customer: Solihull, West Midlands
JA: What steps have you taken so far?
Customer: none
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I am a single parent now

My name is ***** ***** I shall do my best to help you. I am reviewing your question now, and will respond further within a few minutes

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

Customer: replied 9 days ago.
House is worth £225000. Mortgage is approx £176000 plus a redemption of £9000
Customer: replied 9 days ago.
I prefer to do the live chat thanks

Do you not wish to remain in the property with your child?

Customer: replied 9 days ago.
I want to remain until the house is sold but will not be able to if he moves back in. I cannot afford to buy him out and the mortgage company will not lend me the full amount on my wages

Could yuo afford to stay there if he wasnt there ( I appreciate that you cannot buy him out)

Customer: replied 9 days ago.
with support from my parents
Customer: replied 9 days ago.
Can I just add my daughter is not his however he has helped to support her for the past 8 years

Ah that change sthings sadly as he is under no duty to help house her unless you were married

How was the purchase funded?

Customer: replied 9 days ago.
We paid a deposit then took out a joint mortgage. Having checked through our joint account for the last 3 and a half years (we had the property in jan 2017) I have actually paid in £9000 more than he has to the joint account. I don’t know if that makes any difference

How was the deposit funded?

Customer: replied 9 days ago.
We lived at my parents house rent free for 16 months to raise the deposit jointly

How does he want the proceeds divided?

Customer: replied 9 days ago.
We had a loan from his parents in February for £12000 as we were supposed to be getting married in June (he then left without any explanation in March). There is no written agreement for the loan with his parents. We had spent £6000 of it before he left, £2000 of that was to pay off my credit card which he agreed could be paid off from the loan money. I have since given them £6000 of this loan back and we have already paid £2080 back in monthly repayments. I have agreed to pay half of the balance (£3920) when the house is sold but he is insisting I pay an extra £1000 because of my credit card even though he was in full agreement over it being paid off. The proceeds would otherwise be split 50/50

If he tries to move back in you can apply for an Occupation Order so that you and your daughter can live in the property without him.

If you then decide to pull out of the sale he will have to apply to the court to force a sale and it will take some time for him to get an order - especially as you could argue that the house was purchased to, amongst other things, provide a home for your daughter. I am not saying it is an argument that will work - but it has a potential possibility of success

On that basis I suggest that you point out how much extra you have paid and that he has more to lose than you if he is not reasonable.

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

Customer: replied 9 days ago.
I want to sell, it’s him that is threatening to take it off the market and move back in. Do you know how long an occupation order would take to obtain?

It can be obtain within days

I know you wish to sell - but if you didnt it is he who would loose out

Customer: replied 9 days ago.
As he hasn’t lived there for 7 months does he have the right to enter the property at his own free will
Customer: replied 9 days ago.
Sorry another question. How do I apply for an occupation order? Do I need to see a solicitor?

He is a joint owner of the property so yes he is entitled to return even after 7 months

You can apply for the order yourself - the form you need is here

https://www.gov.uk/government/publications/form-fl401-application-for-a-non-molestation-order-occupation-order

Clare and other Law Specialists are ready to help you
Customer: replied 8 days ago.
Ok thank you very much you’ve been really helpful