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Ask Clare Your Own Question
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34885
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Hi, I have a joint mortgage of 4 years. We are seperating;

Customer Question

Hi, I have a joint mortgage of 4 years. We are seperating; not married;a joint child aged 4 and I have a child aged 14 from a previous relationship-both girls. My ex-partner wants to sell, we have had house valued and advised between 139K to 149K and advised to not accept offers less thn 145K hitch would be 15k each. My ex-partner can't afford to buy house so I am thinking of seeing if I can keep house. I am not sure I can afford it as I also have a CCJ that was paid off last month -value 4K. I really want to keep the house to provide stability to both my girls. I have looked at renting and that is so expensive and is more than we pay for our current mortgage £550, heras renting is £700 to £750 for a 3 bed house. What re my options as I don't want o move out f are as it is unsettling for my girls. Our current agreement is that my youngest daughter is constantly sleeping at the Ouse. My ex-partner have 2 sleeps each and my eldest daughter ones with me as she doesnt want to stay in house when I am not thre. It has been 4 weeks not and its becoming unsettling for my eldest girl. Could you please devise what would be my best course of action as I do't wish to sell the house and stay in Ouse if I could;but I don't want my ex-partner feel that I am trying to o anything underhand tiger. N
Any advice would be gratfully appreciated. Regards XXXXX XXXXX lost
Submitted: 4 years ago.
Category: Property Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to help you but I need some further information first.
Will both the children be remaining with you?
Could you afford to stay in the house is the bills remained as they are and your ex was only paying 15% of his net income as child maintenance?
Customer: replied 4 years ago.
As my ex is very interested in my youngest up bringing he is wanting joint parental care and we currently have agreed that she lives with us both and she would sleep half the week with me and the other half with him. My eldest would stay with me full time. I could afford to remain in the house and pay current bills as I don't have many out goings and I have no debt. If I went renting, I would be paying more and may not be living n the same area that my girls are comfortable or familiar with

Expert:  Clare replied 4 years ago.
If you were to make an application under Schedule 1 of the Children Act it is likely that the court would allow you to remain in the property (without your ex) until the youngest child is 18 or you cohabit,
You woudl be expected to pay all the outgoings - but your ex would still get half of the equity when the property is sold
I appreciate that you do not wish to upset the current arrangement but it would be the most effective way forward for the children
This may be something you would wish to discuss with your ex using Family Mediation (
I hope that this is of assistance - please ask if you need further details