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Legal advice as seperating from my partner

(5 Posts)
bloodyhardwork Fri 23-Nov-12 11:03:20

I am seperating from my partner and we have two children together.
The house is currently on the market however I put the deposit down on the house that we bought together however he has been paying most of the bills and mortgage as I only work part time to look after the children. How do I legally stand with the sale of the house, am I legally entitled to get my deposit back????

Also whilst trying to arrange child maintenance with my partner we cannot agree on the number of days and also the amount he should pay me. Should it make a difference if my mother in law looks after my children one day a week if we were to go through a solicitor or the CSA?

Sorry its long winded.
Thanks

MOSagain Fri 23-Nov-12 12:01:20

Is the house in joint names and was it purchased as joint tenants or tenants in common? If joint names then it should be a 50/50 but if you bought as tenants in common, it may well be that you decided on a different split at the time of purchase to take into account the fact that you put down the deposit.

Ref child maintenance, if you can't reach an agreement you will need to go via CSA, not a solicitor. Don't see why your MIL assisting with childcare should make any difference.

bloodyhardwork Fri 23-Nov-12 12:40:48

Thanks a lot.

It was put in joint names and we bought as joint tennants.

Ok sounds like we may need to go throught CSA then.

Thanks

babybarrister Fri 23-Nov-12 13:20:34

are you sure you really need/want to sell house - I assume you were not married - Schedule 1 of the Children Act provides for a court to order that your ex's share in held in the house to provide a roof over the children's head - I think you urgently need to take specialist advice BEFORE you sell - have a look at the resolution website

CorinaK Fri 23-Nov-12 18:08:03

If you hold the property as joint tenants I'd advice you to sever the joint tenancy and change it to a tenants in common to protect your interests until the property is sold and you receive your share of the equity.

It is unlikely that they would wish your estranged partner or spouse to automatically take your “share” in the property if you were to die.

freshstartconsultancy.com/our-services/severing-a-joint-tenancy/

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