Thanks for your question.
In respect of the monies being advanced by your partner you can ask your conveyancing solicitor about you and your partner executing a declaration of trust. This is a deed which you both sign can state that upon sale he should receive his contribution before any further proceeds of sale are distributed. This should be fairly inexpensive to do, around £100+vat, it can be registered against the legal title to the property and will be perfectly sufficient for his purposes.
Generally, he should be expected to pay child support at a rate of 15% of his net weekly income. His net weekly income upon which the assessment is made can be reduced if he has other children living with him. You can use the following site to you give you a broad idea of the amount he should be paying:-
His obligation is to pay either weekly or monthly and you can speak to the CSA about enforcing this against him. Whether you choose to do so before or after the house purchase and his contribution is for you to decide.
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Reasonable yes, but his legal responsibility is to pay child maintenance in accordance with his income.
Did you live in his property until recently? Did you contribute to the financing of the purchase/pay considerable sums for improvements (eg. extensions) or significant sums in respect of the mortgage?
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Thanks for your reply.
I lived in his property for 10 years. I paid for carpets, curtains, towards a new kitchen and towards a new bathroom. I also paid rent for the first 7 years.
We are living in rented accommodation at the moment and we pay half each. His property is currently being rented out and he is keeping all of the rental income. I am a bit annoyed, as his tenants are enjoying the benefits of my caprets, curtains, kitchen and bathroom. When the property was first rented out, he said he would give me some of the money, but then changed his mind.
If I have to enter in to a contract to give him is £11500.00 back I will do, but I have paid at least this amount over the years towards his property and I have never asked for it back.
The fact is he only has around £20K left on his mortgage and he has lots of savings. I don't think it is unreasonable for him to make a contribution towards the cost of a property for his child.
I am being forced to purchase a one-bedroom property because I can only afford one bedroom in the area where our daughter goes to school. He has a property with 2 bedrooms.
The position is that if you are not named as joint registered proprietor on the registered title to his property then you could only make a claim on the property by making an application to Court under the Trust of Land and Appointment of Trustees act. You could do this if you have spent significant sums on improvements to the property and contributed more to the mortgage repayments/household expense than would otherwise have been the case if you were renting private accommodation. These applications are expensive (upwards of £2500+vat certainly).
If you think you may be eligible to claim on the basis of your contributions then you should go and see a local family solicitor to specifically appraise the merits of any claim by furnishing them with the monetary amounts you have contributed. If they consider that their is a claim there then you could either issue a claim or in the alternative negotiate the terms of the money he is contributing to the purchase (eg. he contributes £x but is to only receive £y upon sale).
You can find local family solicitors in your area by using the following Law Society website:-
Ask for them to see you or an initial free of charge meeting otherwise for a fixed fee.
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