UK Family Law
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Would your partner's share of the equity in the property be sufficient so that your partner could re-house herself with your daughter?
The house is worth approx £280,000 the mortgage was £90,000 11 years ago on a repayment. I take home £ 2200 per month.
The mortgage payment is £570 per month
Sorry for the slight delay in responding, I thought for a moment Claire would continue and provide you with an answer.
The reason I ask is that the welfare of the child is the primary concern in cases like these, essentially the child's accomodation will be the most important consideration.
If the sale of the property would realise sufficient capital to enable her to purchase a property adequate for them to live in then the likelihood is that an order for sale would be made.
If she offers to take over the mortgage payments solely then there is a possibility that this may be accepted by the Court.
I would suggest that you offer to enter mediation with your ex-partner as a way of attempting to sort out long term plans for the property to avoid the costs of litigating.
If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.
can i apply for an order for sale myself. Also if she did agree to take over the mortgage, would this mean that i would lose out on my 50% share of the equity.
With me having a new family and struggling to make ends meet with bills etc would this not be considered in court. And what if i stopped paying the mortgage and the property was re possessed.
Your new position would be considered, yes. If you other children are also at risk because of the financial strain of the mortgage payments then it would be considered to a greater extent.
You can apply for the order yourself, you will be able to ask the country court for the forms but I would strongly advise you to seek mediation.
If she is not amenable to mediation then you should see a solicitor to get them to write to her about negotiating a plan for the property without litigating.
Your equity as at the date the order is made will be protected.
Thanks for your accept.
Many thanks for your advice it is very usefull. I did forget to mention that she has a new partner and he actually stays in the house, this is also another major bug bare to me, as im providing for everyone.
If they are to live together permanently then this may help if he is willing to co-finance the purchase of an alternative property for them to live in.
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