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My daughter bought a house in 2006 with her partner. She put…

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My daughter bought a house...

My daughter bought a house in 2006 with her partner. She put in one third of the purchase price and they are tenants-in-common. Since then the house was extended to provide a consulting room for her osteopathy patients. Her partner, who has independent means, provided the money, so her share of the value of the house now is probably more like one quarter. They had a daughter in 2007, and each has a teenage son from previous relationships, who all live in the house. They are now considering separation. My daughter's partner maintains the house must be sold immediately and the proceeds shared out, and that he is in a position to force this sale. My daughter says that the house is not only their daughter's home (she goes to a local nursery school and is down for a nearby primary school), but the house, with its purpose-built clinic, is her chief means of livelihood. She thinks there should be a way in which she, their daughter, and her own son, can continue to live in the house. Obviously arrangements would have to be made for money to be paid back to her partner over the years; or else upon their daughter reaching 18, there could be a final deadline for the sale of the house. The fact that her partner has independent resources means that he is in a position to buy another property whereas she would be able of afford at most a one bedroom-flat, and worst of all would lose her main source of income. She says a family lawyer has told that that because she is not married to her partner, her rights are few and he holds the cards. She would like the separation to be amicable if at all possible, and hopes it need not end up in the court, but if it did, would she be likely to have a case?

Submitted: 12 years ago.Category: UK Law

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2/10/2011

Solicitor: Clare, Solicitor replied 12 years ago

Clare, Solicitor

Category: UK Law

Satisfied Customers: 36,006

Experience: family solictor with 25 years experience

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Hi - How much is the house worth and how much is outstanding on the mortgage. What other assets does her former partner have? Claire

Customer reply replied 12 years ago

Dear Claire, Their house might be worth a little under £600k (bought for £550k in 2006,since extended and improved) as property prices are lower than they were. There is no mortgage, as both partners owned houses prior to this joint purchase. My daughter's partner has never talked of the value of his assets. All we know is he received a considerable legacy on the death of his businessman father many years ago which provided independent means for his sister and him, presumably off the interest from investments and from some property rentals. Nevertheless he is very careful with money (though apparently he lost some in the banking crash) and has a school teaching job. My daughter has only the income from her work. She is an osteopath and sees patients at the house. She also works two days a week in a city clinic, and teaches two days a month at a local college, but the income from these jobs is relatively small compared with what she earns from her own patients. I hope this helps. Thank you.

Solicitor: Clare, Solicitor replied 12 years ago

Hi - Is there any chance at all of a slightly smaller property offering the same sort of opportunity? Claire

Customer reply replied 12 years ago

With my daughter's income and few capital assets she would be able to purchase only a one bedroom flat in the area, which would be unlikely to provide space or the right sort of access for her patients.

But this is irrelevant. All I am seeking to learn from you is whether, in her circumstances (small child about to start local primary school, and living in a house which has been adapted to provide the main source of her income) a case could be made by lawyers for her to remain in the house for the years of her child's dependency, with some reasonable chance of success.

And can you tell me straight whether her partner can, legally, force the sale of the house if he wishes to?

No more additional questions please. Do you have any legal advice for my daughter or not?

Solicitor: Clare, Solicitor replied 12 years ago

Hi - The question is in fact utterly relevant. I did not ask what your daughter would be able to afford - I asked if a slightly smaller property could be adapted in a similar way - and if so how much your daughter would need to fund it. This is crucial to your daughters position The basic answer is that yes her former partner can apply to the court for a sale of the jointly owned property and the court has the power to order the sale. However under Schedule 1 of the Children Act her ex is under a duty to help her house the child until the child is 18. The only issue is whether the court would leave her in that house or say that there is no reason why that house should not be sold and a smaller house purchased so that some of her ex's capital can be returned to him. Since they were not married he is under no duty to help her maintain her employment - and I fear that unless his other assets are equally substantial the court could well view the amount of money tied up in the property at the moment as being disproportionate Claire

Clare, Solicitor

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Satisfied Customers: 36,006

Experience: family solictor with 25 years experience

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