What am I entitled to

Hi there

The loans that are in her name are her liability - loans that are in joint names are joint liabilities.

In terms of mortgage payments, she owes you what is known as an occupation rent basically on the basis she has full use of a house that is partly yours. What happens in these cases is that rent if offset by her paying the mortgage.

However, I can't urge you strongly enough to take legal advice and have her written to, both in terms of what it going to happen to the house and in terms of giving her notice that you will not be making mortgage payments. It is highly unlikely she is going to start being realistic until she has advice, as there is still the myth of the common law wife, which she needs to be disabused of.

As for maintenance - as I have said earlier, your only liability to her is child maintenance at CSA rates. Whether you choose to pay her more is a matter for you.

Amanda

Amanda, Thank you Very much for your time and advice it has helped me allot and I much appreciate it....

Just a quick one.........

This..... order for sale............

How much does it cost and is it all done through the solicitors, or can I just write to the courts asking them for one, if my partner wont.......either

a.sell or
b.buy me out...

Also you said.

The "bonus" in these cases, if it can be called that, is that costs follow the event - which means that if she forces you to take her to court, she will end up paying your costs out of her share. The reason this is a bonus (aside from the obvious) is that it means that people not only take legal advice, but they take it seriously and few of these cases end up in court because of the real costs risks involved.

So does this mean, if she refuses to sell the house or buy me out,I would have to take her to court to get my equity,or does this mean that, order for sale is a court order,so that she has to act upon it and either do one of the above......other wise I would have to take her to court and pay the costs....or does this mean she would have to seek advice from a solicitor and they would tell her that i am in my rights to do exactly what you ahve just said.....

Also.........Can you tell me,when we re-mortgaged a couple of weeks ago,the equity was £85,000,but the ex consolodated and put her car loan on top of the mortgage which was £16,000...........now when she comes to buy me out would this £16,000 be taken into consideration when we come to split the remaining equity.....e.g £85,000 - £16,000=£69,000.........so does that mean I will only get a split of £69,000 instead of the £85,000 which is what it was before she put the car ontop of the mortgage.....

Hi there

These cases are one of the few in which I always recommend using lawyers - and very decent ones at that, as these cases rely on centuries old trust and equity law to be determined, which even confuses many lawyers to be honest.

What would happen is an initial letter would be sent to her informing her what you and your lawyer had decided was a fair division (due to the car loan) and inviting her to nail her colours to the mast in respect of whether she wants to sell or buy you out.

This tends to then push her into getting legal advice, which will be along the same lines that you have received, including a very strong warning that if she pushes the case to court she would be ordered to pay your costs.

Hopefully, she will then be sensible and an agreement reached, and the house is either sold, or she gives you your share and you transfer the house to her.

If not, you then have to make an application to court for an order for sale, which from the outset is expensive because the application in itself is expensive, in that counsel is involved from the outset drafting something called the "particulars of claim" which set out what you are entitled to and why you are entitled to it.

The case then runs along its tracks, which is first hearing, orders given for disclosure of evidence, evidence filed, final hearing.

However, due to the evidence required in these cases (which basically is a full audit of your finances for the term of the relationship from the date of buying the property), these cases are enxpensive. If a case is pushed all the way to a final hearing, it is usual for the costs to be in the region of £15,000 to £20,000 +. However, although any lawyer you instruct will expect you to pay that along the way, an order for costs would be made, ordering her to repay you your costs from her share of the house - hence it is rare for these cases to get all the way to final hearing, as they are so costs adverse.

As to the car loan - it will come down to what the agreement was inrespect of it - if it was made clear that was her debt, it remains her debt. If it was not made clear, it is likely to be seen as joint.

Amanda

I keep getting conflicting outcomes, from the online calculator and from the csa to what I should be paying for child maintanence can anyone give me an estaimate to see if it comes out the same as mine please.Obviously bases on a co-hab case not marriage..

Your respective ages;

Mine.......38...........hers........35

The number of children you have and their ages;

2boys.......9 and 6

How many nights the children spend with each parent;

mine between 50-100 nights a year somtimes twice a week sometimes 1.

The length of your marriage and any period of pre marriage cohabitation;

not married toghther 18 years

Your respective incomes;

mine net.........2100.........hers net......1286
Your respective outgoings;

Your assets - both soley held and joint;

house,2 cars oneeach

Your liabilities.

2 loans both in her name £10,000

Many thanks

CM for two children is calculated at 20% of net income minus a deduction for the average overnight stays in a year. Remember to include holidays.

20% of £2,100 = £420 per month


minus 1/7 for average overnight stays 1 night per week (420- 60)=£360

OR

minus 2/7 for average overnight stays 2 nights per week (420-120)=£300




Each keeps their own cars & loans

Unless the house deeds state otherwise it is assumed joint owners each own an equal (50:50) share of the equity.

As you were not married there can be no claim for spouse maintenance.

Thankyou amanda..........