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separation

  • drinkwater
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27 Jul 12 #345758 by drinkwater
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Have recently separated after 12 years with ex partner now living elsewhere. We have a joint mortgage which he is still paying but I have applied to take this on board - with his permission. He came into the relationship with nothing so I paid the deposit on the house, moving costs, solisotors fees etc. We have a 10 yr old child whch I have not recieved a penny for in maintaninance in the 10 years, have paid all the utilities, food, holidays etc with him only paying for the mortgage and cable TV. He is stating that I owe him the equivalent to 50% of the equity if we sold. Can I clam from him 10 years of ?maintainance for our child to off set the equity?

  • jslgb
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27 Jul 12 #345760 by jslgb
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I dont know where you stand from a legal point of view but IMO you wont be able to claim the equivalent to maintenance from the past 10 years. I think the fact that you put up with the arrangement for so long implies there was some kind of agreement over it. When parents live together there isnt a need for child maintenance and your ex could argue that the price of the mortgage and cable tv was equal to the bills you covered. Divorce is already a difficult process, could you imagine what the courts would be like if you went back x amount of years to argue over who paid what for each child?

  • hadenoughnow
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27 Jul 12 #345771 by hadenoughnow
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Were you married? If not, is the house in joint names?

  • drinkwater
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27 Jul 12 #345777 by drinkwater
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No not married.....".house in joint names. I have a deed of trust that keeps my 50% he now thinks that the remaining 50%is halved. I have issues with this as he,s not paid for maintenance of house or child in 10 yrs only paid morgtage. Is he right?

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28 Jul 12 #345781 by hadenoughnow
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Erm. Depending on the wording of the deed if trust it could be that the whole 50% is his. Certainly if it is in joint names half if it will be. You may be able to use the children act to help you keep the house until the youngest is 18.

Hadenoughnow

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