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Hi
Need a bit more advice.
My partner walked out on me some time ago and dispite my best efforts to try and reach a resolution she has rejected every suggestion that I have put forward. Unfortunately I think she was a spoilt child and as such wants to have everything her own way and has tantrums if it doesn't. (I think there are a few chaps on here in the same boat!)
Anyway whilst I have offered consideral sums of money it would seem that she is keen to push for moving back in, me moving out, and paying 1/2 mortgage. We have a daughter together so I already pay maint which I have no issue with.
Now given that we weren't married but had lived together for sometime, that I paid all of the mortgage from day one, all of the deposit, original legal fees, stamp duty, all of the ulities etc, and have continued to do such since she moved out and that if this were granted in her favour there is no way I would be able to continue to live realistically on my current salary what are the chances of her having it granted?
My preference would be to buy her out of the property or sell the property and split up the arisings, which means we can both then move on with our lives and hopefully provide more stability to the child.
My concern is that with the way our great british justice systems seems to constantly side with the mother, is that if she may win, I will never be able to afford to live effectively and ultimately this will have an impact to what I am able to bring to the table for my child.
It just seems a tad unfair that all i have done is provide for my family and all she has done is float around looking for the 'ideal' job which and yet could end up with everything.
My ex did this to me and changed the locks so I cannot get access to the house. Although this is not lawful I strictly speaking cant get them changed.
Your only obligation is your CSA - particularly as you were not married.
Try and resolve via mediation, failing that solicitors. Your proposals to split proceeds are more than reasonable given she has never contributed. Does she work etc and do you have significantly different earning potentials?
If she is named on the mortgage whether she paid in or not she is entitled to half but because you have a child probably more.
If she is not on the mortgage then you don't need her permission to put it on the market but she will have a claim on any equity....this is my understanding but I am not an expert ! It might be a good idea to get some legal advice on this.
Completely correct to my knowledge....sorry I didnt answer your question and went on my own rant.
I assumed she was named on the mortgage / deeds.
My brother has just bought a house with his new partner....she is not named on the mortgage and he has no intention of having her on any untility bills either.
the reason for this is he has been stung before in a previous relationship that ended.....he says he's been advised that if she is on any utility bill.....even if she not on the mortgage.....then if they split up at any point that she'd be entitlted to claim 1/2 of any equity over the original buying price!
If she's not on any bills or mortgage then she cannot prove she's paid towards the house therefore cannot claim anything other than her own items she took in to the relationship.
sounds all very calus i know.
I have it vaguely in my memory that if someone lives in the house when it is being sold, then they have to sign something to say that they will vacate on or before completion - if they refuse to sign, I'm not sure what happens next (presumably a court order somewhere), but it could certainly scupper the sale of the house.
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