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SASH_Law
SASH_Law, Lawyer
Category: Law
Satisfied Customers: 4358
Experience:  LLB (Hons)
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I separated from My partner in 2004 but let her and the

Customer Question

I separated from My partner in 2004 but let her and the children stay in the home until the children were grown, we are not married and she had her partner living in out house, ishe says i can inly ask her to sell for half the value the hius e
JA: What steps have you taken? Have you filed any papers in family court?
Customer: house was wirth when i left but my old solicitor said thats not tru as we were never married i cannot use te old solicitor any more becaus y merged with her solicitor
JA: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: leicestersgire
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: o have paid maintenance through the csa and was payiognall the bills for a time
Submitted: 15 days ago.
Category: Law
Expert:  SASH_Law replied 15 days ago.

Hi, I’m Lea and I will be assisting you with your query today.

I am very sorry to hear about your dilemma, but will do my best to provide you with advice and guidance on what to do next. Is the house in joint names or only your name? Are the children now all adults?

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Customer: replied 15 days ago.
the house is in joint names , all chilgren are grown, solicitor informed me at time of seperation thet partner dhoukf pay mu half of the mortgage with her new partner by way of occupational rent and i served her a notice to say the house was to be held in joint severence in 2005. the youngest child is now 20 but she says i cant make her sell the proprty now
Customer: replied 15 days ago.
i am only entitled to half its worth in 2005 its current value is around 300,K
Expert:  SASH_Law replied 15 days ago.

If the house is in joint names then she is indeed entitled to 50%, unless there is a deed of trust specifying different shares that was made when it was purchased.

Depending on who paid the mortgage the split may be different, but that would be for the two of you to agree or for a court to decide.

Your first task is to write a letter before action stating that you wish to sell and give a deadline for her to respond and let her know if she fails to respind you will go to court for an order for sale and it is very likely she will have to pay your costs of doing so. You may wish to instruct a solicitor to write this letter for you.

Customer: replied 15 days ago.
thats great thanks HAppy for her to have 50% she said i was not entitled to 50% of the value now just the value when we seperated. i paod the Mortgage for the first years and she and her partner paid after 2008 i have signed for her to change the mortgage 3 times yo get the rate reduced and there is only 10k left on the mortgage it was only 40k to start with and dhe paid interest only for some time,
Expert:  SASH_Law replied 15 days ago.

She may be entitled to more - as I said, that would be for a court to decide if you cannot agree.