Joint property and separation

[stodge2406]

Ex (co habitee, never married) and myself jointly own former home, and mortgage in joint names. I have moved out and living with parents whilst ex remains in house with our 8 year old.

Total equity is approx. £60k. I have told ex that I would accept £20k in full settlement now to provide a clean break, but most she can borrow is £11k. She said that, if I don't accept £11k now I will either have to wait til daughter is 18 or take it to court.

I don't particularly want the hassle etc of going to court, however her offer of £11k now in full settlement doesn't seem enough especially as it wouldn't be enough for a deposit on my own place. My understanding is that, if I took it to court, I wouldn't be awarded more than the £11k now however I may get some more when daughter is 18. Is this correct?

How would the court process work, particularly as I would be representing myself to save costs.

Any advice or suggestions would be gratefully received.

Thanks

The procedure your ex is talking about is Schedule 1 of the Children Act 1989. Probably best if you google it first.

The court doesn't have to make a Schedule 1 order, depending on the circumstances. As your dd is only 8, you'd have to wait 10 years to get your share of the money, and the court may consider that too long. More importantly, though, both your and your ex's financial circumstances must be taken into account, ie you would each have to demonstrate your case given your respective incomes, outgoings and capital position.

thanks for your reply, much appreciated.