Breakups - Houses - any solicitors or been here before?

sorry to hear that mate.

if you wanna work on the mk1 without her coming round, i've got plenty of room on my drive and tools in the garage. you're welcome anytime.

ash x

Take it from me, on this one I know what I'm talking about.

First so far as your daughter is concerned, given her age, if you signed the birth register then you have Parental Responsibility for her which gives you an equal legal standing with her mother. "custody" no longer exists. You can agree to share "residence" of your daughter, or her mother will be her main carer and you will have "contact" or access.
If the mother goes to the CSA you will have to pay 15% of your net income maintenance reduced by one seventh for each night (at least two nights per fortnight spread over a year ) that you have her stay with you.

Your ex has no claims for herself against you save for receiving her share of anything jointly owned, ie the house. If its got no equity in it then she is entitled to nothing. however she is still entitled to reside there while her name is on the property. If you prevent her entering she could charge you occupatioal rent, ie you are preventing her from having a roof over her head while you have it over yours.

She may make an additional claim through the family courts for your daughter which may involve you contributing to put a roof over her head. In your case that seems unlikely however.

Nevertheless, if you can agree something between yourselves so much the better. But its probably best that you bth seek legal advice first so you are both clear about your rights. Otherwise their will be suspicion on both sides and you simply wont be able to agree.

Both of you should see separate specialist family solicitors and then arrange to meet to see if you can get through it without instructing them to take things further on your behalf. If you do agree something it may be wise to have solicitors confirm that agreement in writing.

Hope this helps :wink:

PS the last post is only general advice. Each case turns on its own facts and is another reason to see a solicitor asap. Good luck.

Just another thought, incase she knows your on this site and knows either your password and/or username ask to have them changed so she cn not see what your talking about
I have not been in this situation but my wife has, not going into it, but be one step ahead  
Pete :wink:

Ash, cheers for the offer mate, will let you know!

Pedder - nah she dont know about this site! barely knows hw to use the internet!

Russt - cheers for the advice fella, got my self an appointment to see a solicitor next week, but thought I would get one step ahead and bury my head in the legal books down the libary.  Came up with the same stuff as you mentioned above about having to share only the equity, which is zero, and shared rights as regards my daughter.

There is also no legal requirement for me to pay her maintenance or to keep her standard of living

Also came up with the double whammy of although she is entitled to her share of the equity, this right is revoked if she acts to the detriment of the "trust". The trust being whether written, verbal or implied that this is "our" house.  I'd say she has pretty much acted to the detriment bringing that fella back and having his clothes in her wardrobe!!!

So to summarise she is entitled to half of nothing, but that right is revoked as she has acted in detriment to the trust, which means she is entitled to nothing!

But will take this little lot to solicitor on tuesday, see if they hae any comments on it, and anything else to add.

Thanks again for all your replies, will keep you posted as to how I get on!

Ross


PS - apparently there is also no such thing as common-law  -  in the laws eye you are either married or cohabiting - so laws of married couples splitting do not apply to couple simply living together  

Ross, I am a Solicitor that specialises in this stuff. The "trust" would simply mean that she has a stronger claim to the house as it was bought for you and her to raise your family. That means that your daughter comes first and the court could order you to transfer the property to her to enable it to carry on as a home for her and your daughter. That is in reality unlikely
though.Her actions unfortunately don't carry much weight even though they brought your relationship to an end. I know that's hard but, like in Divorce, if the reason the marriage came to an end affected the financial settlement, the courts would be clogged with defended claims and counter-allegations. I'm with you, but that's how it works. Again, good luck mate hope it works out.

good luck,  i think real sticking  point will be your daughter . if she goes for main custody then you may still have to provide for her, ie pay for her accomodation ect,  play nice until it's all sortedm solicitors are usually only winners, and it might be worth "losing"  the redundancy money ……
anyway you know where i am if you want a cuppa, or a beer.

russt - just out of interest how long does it take to train to be a solicitor? Quite enjoyed reading through all the books down the libary, and as I have recently took redundancy, now is a good time to retrain!!

If it starts getting v messy might look you up - you aint a million miles away, would be good to have a solicitor with same interests & opinions as me!!

Cheers

Ross

there are a few variations but normally you take a law degree, then one year at law school followed by a two year training contract with a firm of solicitors. You can do any other recognised degree followed by a conversion course of one year then law school etc.
It really doesn't pay hugely in the early years, or later on unless you're in the right area of law…..commercial etc, and legal aid lawyers are having a bad time at the moment. It is rewarding though and normally fairly secure. It's like anything really, if you commit yourself to it and are fairly able then you can make a success of it. sometimes though it's a bit

what about the guy your mrs has run off with?? deal with him, set fire to his car asap. and hers, if she got one.

cuthbert said

what about the guy your mrs has run off with?? deal with him, set fire to his car asap. and hers, if she got one.

Only
If you like porridge walking in an exercise yard, not having the usual pleasures normal law abiding folk have ie going to the pub and like to look at the views outside through bars.
 Arson ALWAYS carries a custodial sentence…

not the best idea need to do something a little more subtle

youve never been a5opy. it isnt that bad.

I'l send you a box of swan vesta then

i dont smoke.

cuthbert said

i dont smoke.

good answer :clap:

hey a5opy, if you must get personal pm me if you must.

cuthbert said

hey a5opy, if you must get personal pm me if you must.

why? whos getting personal?? just not a good idea to burn someones car is it?

so your mrs plays away from you, what you guna do? use foul language? feather duster??

cuthbert said

so your mrs plays away from you, what you guna do? use foul language? feather duster??

Certainly not set fire to cars - first you'd have to wonder what you did wrong for her to play away in the first place..

But she has  done it, so rather than seeking revenge, rise above it - go round the house, meet the person she ran off, shake his hand - say thanks mate, you've saved me years of hurt and hassle - i feel free now - just anted to wish you good luck, boy your going to need it and then walk away with a smile

Its hard to do, but has by far a much better effect…

Lawsy said

cuthbert said

so your mrs plays away from you, what you guna do? use foul language? feather duster??

Certainly not set fire to cars - first you'd have to wonder what you did wrong for her to play away in the first place..

But she has  done it, so rather than seeking revenge, rise above it - go round the house, meet the person she ran off, shake his hand - say thanks mate, you've saved me years of hurt and hassle - i feel free now - just anted to wish you good luck, boy your going to need it and then walk away with a smile

Its hard to do, but has by far a much better effect…

what ^^^^^ said by far the best way to deal with it

setting fire to something is just plain stupid what if your kids were there when you set fire to his house, im guessing it was said a bit tongue in cheek but all the same not a very adult thing to do :wink: