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I am separating from my partner of 15 years, with whom I have

Customer Question
a 4 year old daughter...
I am separating from my partner of 15 years, with whom I have a 4 year old daughter. I am purchasing a property for myself and my daughter to live in. My partner has agreed to give me £1150.00 towards the deposit. He wants a contract to be written to state that when the property is eventually sold, or in the event of my death he gets back his money. He has also stated that he may not be able to give me any money monthly towards supporting my daughter, but that he will save the money and give it to her when she is older. My ex-partner owns his own property with a very small mortgage and he is currently working. What are his financial commitments towards his daughter?
Submitted: 7 years ago.Category: UK Family Law
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9/27/2010
Solicitor: Thomas, Solicitor replied 7 years ago
Thomas
Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 7,625
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi,


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:-

https://secureonline.dwp.gov.uk/csa/v2/en/calculate-maintenance.asp

 

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.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,

 


Tom

Thomas
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Customer reply replied 7 years ago
Thank you for your answer. I will speak to the conveyancing solicitor about such a document. Would it not be unreasonable to my ex-partner to make a contribution to the deposit of the property I am not just buying for me, but for our daughter? I am a little annoyed that he wants a water-tight agreement to say that he will get it back. I am not asking for anything else from him. I have always worked and paid half of everything, including towards the property that he owns.
Solicitor: Thomas, Solicitor replied 7 years ago

Hi,

 

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?

 

Thanks for your accept. I'll be able to answer the next reply in half an hour.

 

Tom

 

 

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Customer reply replied 7 years ago

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.

Solicitor: Thomas, Solicitor replied 7 years ago
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