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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 8325
Experience:  Barrister at law
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I am separating from my partner of 16 years. We have 3

Customer Question

I am separating from my partner of 16 years. We have 3 children together. She won’t allow me into my own home that we have a joint mortgage on. She’s also saying I’ll have to pay for the property until my youngest is 18. We have £100000 equity each in the property which she is refusing to buy me out.
JA: Where are you? It matters because laws vary by location.
Customer: Swansea in Wales
JA: What steps have you taken so far?
Customer: i’ve asked for mediation but she refused.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 15 days ago.
Category: Law
Expert:  plclegal replied 15 days ago.

Good morning.

My name is ***** ***** I specialise in family law. I’m happy to assist you today and I appreciate that is is important that you find a resolution as soon as possible.

Please note that our discussions on this site are for general information purposes and do not create an lawyer-client relationship. It is always recommended that you consult with a local solicitor for specific legal information.

I'll do my best to resolve this for you, please give me time to review your question and I will revert back to you shortly.

Customer: replied 15 days ago.
Thanks
Customer: replied 15 days ago.
No thanks
Customer: replied 15 days ago.
I’d rather just try the free trial please
Expert:  plclegal replied 15 days ago.

Of course, please give me time to type a response. This is not live chat so replies won't be instant as I am often assisting multiple customers at once. Thank you.

Customer: replied 15 days ago.
You have taken 44 pounds from my account when I didn’t want a phone all.
Expert:  plclegal replied 15 days ago.

I have not taken any money from you. If you posted a call request, you can cancel this by contacting customer services here:

https://www.justanswer.co.uk/help/contact-us

Telephone: 0808(###) ###-####/p>

I have no control over customer accounts or billing, as I am a lawyer not a customerservices agent.

As to your question, you can't be refused entry to a house that you own, unless she has a court order preventing you from coming to the property. She would only obtain one of these if there was domestic abuse - which is not something you have raised - so I cannot see a reason why you can't go home.

If she refuses to buy you out, and you both want to move on, then you can apply to court to force a sale.

If you decide to leave her in the house until the kids are all adults, then you can chose to do this, but you would not be expected to contribute towards the mortgage/ bills if you are effectively excluded from the property.

You are not married, from what I can tell, so there's no automatic right for her to keep the property. Your children do need a roof over their heads, but provided there is enough equity in the property to make this workable (if it was sold for example you would both have money towards a deposit for a new house) then she does not have a case.

If she is the main carer for the children, you would have to pay child maintenance each month, which his assessed on the basis of the amount of time you have them with you, but this would be your only financial commitment going forward as you are not expected to pay for her to be housed (subject to the above point about making sure there is a roof over your children's heads).

I hope that this assists? Can I clarify anything further for you?

Customer: replied 15 days ago.
She claims that there’s domestic abuse because I previously had a problem with drinking. I have since stopped drinking and I have evidence of her being the aggressor.
Expert:  plclegal replied 15 days ago.

I see. She may claim the domestic abuse but that is not the same as proving it in court to get a court order. If you have evidence that she was the aggressor then you would be able to defend any claim. I do suspect that she would cry wolf to the police though in that case and start to build a case against you if you were to try to go home (which as I said you are legally entitled to do).

However, that's perhaps not the main issue - the main issue os your entitlement to your share of the equity if you have decided to go your separate ways. Allegations of domestic abuse won't affect that.

Can I clarify anything further?

Customer: replied 15 days ago.
No. You’ve been brilliant so far. Thanks for your help.
Expert:  plclegal replied 15 days ago.

My pleasure.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

Customer: replied 15 days ago.
We both have another house each in our individual names. My ex partner paid the deposit for the house in my name, but has never been on the mortgage. Could she make a claim on the house or the profit please?
Customer: replied 15 days ago.
Also, in our current house, she paid £70,000 deposit and I paid £30,000. I have paid the majority of the maintenance since purchasing it 8 years ago. How would the equity be split please?
Expert:  plclegal replied 15 days ago.

Yes she can make a claim on your other property if she can evidence the deposit payment. This is by way of something called a resulting trust - and she could register the trust as a charge against the property.

If unequal deposits are protected by a deed of trust, then they would be returned to the person who paid it in as per that deed.

If not, there's no presumption that this would be the case, but often it is still seen as the 'decent' thing to do.

You could possibly, however, have an equitable argument to say that your contributions over the years counter balance the disparity in deposits and revert therefore to a 50/50 split.

Customer: replied 14 days ago.
Sorry to bother you again. Do you know how long a process it usually is to get to court if my ex partner is refusing to sell the house?
Expert:  plclegal replied 13 days ago.

It's not a quick process I'm afraid. It's months to years, rather than weeks to months. I can't be more specific than this though, as it depends on the individual court and the backlog they are currently dealing with.

Expert:  plclegal replied 12 days ago.

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter