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Hi all,
I'm currently going through separation from my partner of 5 years. We aren't married and have one 3 year old child together whose birth certificate I'm named on. I also have a step daughter who is about to turn 18 who is my partner's child from a relationship that ended approx. 15 years ago.
We've lived together for about 3 and a half years, initially in her rented accommodation. We bought a house together in summer 2014 for £160,000 and are both named on the mortgage. To finance this I was given £10k by my Dad which he paid into my bank account to pay the deposit and legal fees which came to approx £9,800. He said we could pay this back in instalments and gave us 6 months 'grace'. We haven't paid any of this back yet and were due to start doing so next month.
Since moving in I've paid the mortgage and buildings and contents (as well as a joint Income Protection policy) each month amounting to approx. £900 per month, meaning I've spent approx. £6,500 on mortgage payments. My partner has not paid anything towards the mortgage. She pays for the 'shared' bills such as gas, council tax etc.
We are both in secure, relatively well paid jobs.
For a variety of reasons, we are now splitting up and we agree on this.
I have several question if anyone can assist?
1. What are both of our rights regarding this house? if we sell are we entitled to an even split of any profit?
2. How would one of us buy the other out?
3. In terms of access to our daughter, I've suggested a 50/50 split where we both have her in our care (in separate houses) for 3.5 days per week, every week. We are both very good with her, she loves us both vey much and has a strong attachment to us both. My partner has 'refused' this and thinks I should only have her in my care 1 night per week and 1 day (but not night) per weekend, wiht her staying in her care the rest of the time. This is exactly the same level of access her daughter's dad has had with her for the previous 15 years. What are my rights here? can she stipulate how her care should be apportioned like this? How do I fight this?
Thanks all
Mark
Morning
I'm afraid I can't answer your questions regarding the property but other members have experience in this area and am sure will answer shortly. A lot of solicitors offer free 30 minute consultations so it might be worth phoning around for advice on this.
With regard to contact with your daughter - unfortunately your ex can stipulate her terms. Have you considered mediation? You would be able to discuss finances and contact there. Other than agreeing between yourselves and mediation, the only other option is an application to court, this should be avoided if possible as it can make things harder between parents. Mediation is mandatory before making a court application anyway.
A bog standard arrangement seems to be alternate weekend overnight contact and 1 night midweek but having said that, shared care is now becoming more common place.
Good luck 🙂
Hi MarkThomas,
1. As you are unmarriedIf taken to court under TOLATA you will likely be given a 50/50 split I think although the property could be transfered to the other. If you are taken to court under section 1 of the childrens act 1989 then the property could be transfered to one or the other until the youngest reaches 18 or finished full time education.
2. You need to speak with the mortgage company to arrange and I think that in effect you need a new mortgage so you could maybe use current mortgage provider or a new one I think.
3. Your ex can call the shots whilst there is not court order in place. You will have parental responsability as the father as long as you are on the BC which entitles you to be involved in education matters and important decisions however in practice you could still be excluded if she wants to be difficult. You can and should try to sort things out via mediation however if that fails then you could apply to court for a child arrangements order to ensure that your ex cannot chop and change regards time that the children get to spend with you.
My situation is that I have our children every Wednesday amd alternate weekends Fr- Mon which seems fairly normal. I am also being taken to court to vacate the family home and pay my ex additional maintanance.
Like you we were not married, own the property jointly and have children. I am being told by my solicitor that it looks like I will have to move out and pay £853 on top of the £505 CMS that I already pay.
If you both have good jobs then Id hope your ex doesnt go for additional maintanance however be aware that, given my experience so far, your ex may get the family home until your youngest is 18 or leaves full time education, which ever is later.
Regards,
Dave
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