[Solved] Some much needed advice please

Hi There,

Welcome along.

with regards to your joint mortgage you will have to continue to pay up until the point that she releases you or an alternative agreement is made, This seems mad buy as you are named on it you are equally as responsible for the payments of it as she is even if you aren't living there, you can ask her to buy you out but you will probably take a large hit on the % of equity you recieve.

With this in mind I would think about the offers that are made and wiegh up all aspect, think about having to pay the mortgage whilst still trying to work out a compromised amount, having to live with perants until sorted, and the cost of having a solicitor argue your case for you. All these this should factor into your decision of what you accept, although accepting a lower amount of money may sting a bit at the time, it will allow you to move on with your life, and maintain as much of the money as possible without having to spend it on legal fees.

I didn't accept a lower amount and ended up living with my folks for 18 months and paying half the mortgage for the same, I didn't end up getting any more out of the house and had to pay 2-3K in solicitors bills so I speak from experience.

moving on to your daughter this is tyhe important part as you say, not the money or property, you do have parental rights and you should be able to app[ly to the court to ensure that she remains in the uk.

After that I would suggest mediation to try to resolve your difference around contact with your daughter and when you see her and her staying with you at your filks place.

I will ask the CCLC (children law experts) to drop by and advise on getting an order in place to ensure your ex doesn't take your daughter out of the country without your knowledge.

Darren

Hi Darren,

Thank you very much for your help!

I'm not sure exactly how I am seen in the eyes of the courts.

From what I've read on this site I have parental responsibility but do I have a
Right to joint residency? Or is it down to the courts to decide.?

Can she dictate that I can only see my daughter when I have my own place as opposed
To being at my parents house?

She wants me off the mortgage, joint account and business/freehold but I always
Thought that the house automatically goes to the mother and I have to just walk away.

Can I legally ask for some remuneration for giving up the house?

Please forgive my ignorance and constant questions but I fear she will employ a solicitor, as she
Can afford one, and I will be left to try to fend for myself.

It's all very nerve-racking and I'm scared that if I put up a fight for what's mine she will
Then make it difficult for me to see my daughter.

Thanks again for any help it is very much appreciated.
It's a comfort to know that other people are going through this and can offer help as
Otherwise I would feel lost.

Hi there,

You are entitled to a share of the equity of the house and businesses and should fight for that my point about accepting less than you felt was fair was more about stuff ending a fortune on solicitors fees. You should expect to receive around 30-40%of the equity but if less is offered then think about what would be involved to gain the extra and weigh up the options.

Your ex can't stipulate where and who you see whilst you have your daughter even though she (and many others) try you may find that she restrict you from seeing the your daughter as soon as she realises you are aren't going to just accept what she is offering.

But the law is on your side.

Darren

Thanks Darren.

I understand what you are saying and it makes sense. I'd be happy for any amount as it would mean I could rent a place of my own.

If I ask her for joint residency and she agrees is there a document I can get her to sign?
If she says no I guess it's time for the court?

Thanks again. With the help from you and this site I'm beginning to feel a little more positive about the whole thing.

I would wait for the CCLC's response as they will probably answer many of the questions you have asked regarding residency, and then see where you go from there.

Thanks all.
Ill try to wait patiently.

Cheers for all your help.

Hi
I can truly understand how busy everyone can be but will the CCLC automatically get back to me or do I need to contact them?
Sorry if I being dense.
She has told me she will not give me any money to get me off the mortgage and is speaking to her solicitor this week.
She feels I should just leave with nothing....

Hi There,

I will send the CCLC an email asking them to drop by and coment (if one hasn't already been sent)

They will only be able to coment though on your children and they aren't able to make any comments on the finacial side of your questions.

Darren

Hi Just logged into the email account and another email has been sent requesting they respond already.

Darren

Dear Matt-A

Thank you for your post.

We would be grateful if you would contact us to discuss your matter in more detail.

You can contact us via our webchat facility which can be found at www.childrenslegalcentre.com and is available Monday to Friday 9am to 6pm.

Alternatively you can contact our freephone advice line on 0808 8020 008 which is available Monday to Friday 8am-8pm.
We look forward to hearing from you.

Yours sincerely

CORAM CHILDREN’S LEGAL CENTRE

Thank you all so very much.
I wil call the CCLC tomorrow.

Is there anybody who can advise me in where I stand with requesting financial reimbursement for the joint mortgage?

Thanks in advance for any help given, it is absolutely appreciated.

Hi Matt,

We don't have any advice for the financail side of your questions our legal team (CCLC) are only able to comment on childrens law.

Darren

Thanks for all your help Darren.

Ill post back in a few months and let you all know the outcome.

Thanks again. It's good to know there are people out there willing to advise, this may seem dramatic but it seems like a black hole of despair when your first confronted by the idea of lossing contact with your child and feeling there is no one to help and the law is against you.

No Problem,

I'm not legally trained as said before but I have been through divorce with a mortgage so if you have specific question's i'll try and answer but it may not be 100% acurate as it's only from my experience.

Darren