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Legal matters

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Don't know where I stand after split

13 replies

MotherWithoutACare · 13/12/2011 19:49

I've just left DP and I'm trying to work out what to do next regarding the house etc.

We have been together almost 3 years lived together for one and have a DC together. I'm a mum and part time student and he works to support us. DC and I have moved out and he will stay in the house until it is sold.

The house, mortgage and most bills are in joint names but are paid out of his bank account. I think I'm wanting advice on who is now responsible for what and if I can get any help. I'm currently staying at my parents and hoping to finish my college course so will have childcare to pay for.

If anyone has any information or can point me in the right direction I would be most grateful.

TIA.

OP posts:
EllenandBump · 13/12/2011 20:35

Your best bet is to go to citizens advice and they will be able to tell you what to do regards of it all.

Sorry i cant be of any more help. But i do believe the job centre can help with childcare costs, including child tax credits

Good luck.

MotherWithoutACare · 13/12/2011 20:45

Thank you Ellen why didn't I think of that? Shall get on the phone to them in the morning.

OP posts:
EllenandBump · 13/12/2011 20:55

Sometimes when we are really worried about something, you get a sortof brain fog, where under normal circumstances if someone else was asking you what to do you would know the answer, but you cant always think straight when you are put in that position.

Good luck. x

sneezecakesmum · 13/12/2011 22:51

If your mortgage was a joint mortgage with both names on the deeds and in equal shares, you should get half of any equity when the house is sold. This has been the general rule until recently when the case of Kernott v Jones overturned this and allowed for a greater share to be given on the basis of paying the mortgage/bills. This is an extreme case though, if you read up on it, so this may not be the case for you, but it has brought a lot of uncertainty into an area which was previously set in stone.

He is responsible for child maintenance no matter what.

As Ellen says CAB give free legal advice.

babybarrister · 14/12/2011 10:03

This reply has been deleted

Message withdrawn at poster's request.

EllenandBump · 14/12/2011 17:08

But wont Citizens advice be able to put you into contact with a suitable legal representative? xx

sneezecakesmum · 14/12/2011 20:08

Yes, one of my relatives was given advice by the CSA, who also advised on the possibility of legal aid and arranged a solicitor dealing with family law.

cestlavielife · 14/12/2011 20:20

until it is sold you are both jointly liable for paying the mortgage so best you can agree who pays eg if he living there stands to reason he should pay the mortgage.

your position as joint owner may affect you claiming some benefits or housing benefit yu need to ask advice

babybarrister · 14/12/2011 21:03

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Message withdrawn at poster's request.

babybarrister · 14/12/2011 21:03

This reply has been deleted

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stuffedauberginexmasdinner · 14/12/2011 21:13

Your welfare adviser at college will know student finances better than cab.

Are you amicable? Can you trust him not to run up debts in the meantime?

You need your own bank account and to get chb and ctc paid into that. If you don't get a grant you should be able to get income support.

babybarrister · 14/12/2011 21:22

This reply has been deleted

Message withdrawn at poster's request.

MOSagain · 15/12/2011 16:43

I'm assuming you are not married?
Agree with Babybarrister, I'd find a family lawyer who is a member of Resolution. More often than not CAB are not particularly helpful, they are not trained in family law although sometimes they do have a family lawyer that attends at set times for a drop in clinic. It might be worth finding out of they have one attending in the near future but please don't rely on them for advice, they are not qualified.

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