Joint Property

[Rusty18]

I have gone through a torrid separation from my abusing ex( will refer to him as Rich)

We have two children together 7 year old girl and 4 year old boy. I have a 15 year old boy from another relationship.

The 15 year old lives me 7 days out of 14 the other 7 with his father who is fantastic.

The same 7 out of 14 day pattern is who the childcare is arranged for the 2 youngest.

My eldest son and me were in effect kicked out of the property I own with Rich. Maybe that was a mistake but he wasn’t going to get out and I just couldn’t be around him.

I rent a flat (3 bedroom) and am UC even thought I work 25 hours a week. I haven’t paid anything to our house since I moved out around 13 months ago. I don’t get any maintenance from either father.

We bought the house cost £200k with a deposit circa £35k which his mother gifted to us with a mortgage of £ £165k. The house is now worth about £260k.

I now have to sort the house out . I would love to get him to buy me out but he seems to think that I shouldn’t get anything.

I have built up debts mainly due to the fact that I had to go to court re child arrangements and protecting myself.

Any thoughts or advice would be much appreciated

Were you married?
How do you own the property? Is it tenants in common or joint?

You need to make a claim for cms. Was the deposit ring fenced? If you're joint tenants and the deposit wasn't ring fenced then you're entitled to half the equity. If he doesn't want to buy you out then the house will need to be sold.

We weren’t married and the property is jointly owned although I suspect his mother wishes we had been tennants in common as she is suggesting that she didn’t know I would be a joint owner of the property.

I was under the impression that as we shared care 50-50 CMS wasn’t appropriate

If its joint tenants then i believe you are entitled to 50% of equity if he didn't do a deed of trust to protect the deposit. Either he buys you out or house needs to be sold

If care is geuinely 50-50 then CMS probably won't apply

It is 50-50 by order of the court.

I had an interview with UC as he tried to claim UC as well but he got short shrift. I get the child related benefits I pay bay far the bulk of things such as the 15% balance of childcare , swimming, .
I buy a set of clothes ( everything) but Rich won’t let the kids wear what I buy at his and won’t let me wear what he buys at his