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Ask Clare Your Own Question
Clare, Family Solicitor
Category: UK Family Law
Satisfied Customers: 13471
Experience:  25 years experience of all aspects of family law
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My ex-partner and myself were never married. We are joint

Customer Question

My ex-partner and myself were never married. We are joint owners of the property I still reside in with our 3 children, all under 16. My ex-partner is father of all 3. We have been separated since May 2012. My ex-partner pays the entire mortgage (about £560 per month). He currently rents a property and the children spend 2 or 3 nights a week with him there. The house is large and extremely costly to heat, and we agree that it should be sold in the near future. Current market value looks to be about £225K. The amount still owed on the mortgage is approx £100K. My ex-partner is in full time employment, earning £40k per annum gross. I was a full time mother for 15 years and now work part-time, with a nil hours contract. Typically I earn £50 to £100 per week. I am in receipt of Child Tax credits and Child Benefit. My main question is: will my ex-partner be entitled to 50% of the equity in the house when it is sold? Or could I get more than 50% due to the fact that the children are with me the majority of the time and the fact that my earning capacity is low due to circumstances when we were together. I understand that, after the house is sold, my expartner will be obliged to pay approx £100 per week CM.
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Clare replied 4 years ago.
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much would you need to rehouse yourself and the children?
Customer: replied 4 years ago.

I could probably afford mortgage repayments of approx £300 per month. If my share of the equity is half - that equates to approx £50K to £60K. I would need £80K to £90K to put down as a deposit on a property, less than that and I would struggle to pay a mortgage at all. My parents would be willing to act a guarentors, but I have no idea if they would be allowed to.