Trying to sort out assets

Long story short.

Separated over 6 years ago from a 19 year relationship (not married).

Three properties jointly owned. Substantial equity.

He (the ex) remains in the FMH - I was forced to leave due to DV and abuse.

The oldest child lives with his gf now. THe next child lives with me full time. They each have very little contact with their father, their choice due to his behaviour towards them. The third child is 50/50 between us.

The ex has somehow convinced the child benefit and child tax credit people that he should be paid the benefits. He refuses to share. He also refuses to pay CSA for the middle child, they are chasing him but he''s self employed and "hides his money".

We are trying to work out a financial agreement regarding the properties, there is just under £200k in equity.

I have a partner now and a child together. The ex is demanding that I disclose my partner''s income. I have not disclosed it and I would like opinions and any information as to whether this would need to be disclosed.

The ex has a very wealthy gf who is waiting in the wings. He does not want to sell, he wants to buy me out but he is unable to do so.

He wants his contributions taken into account i.e. he has made the mortgage payments since we separated. I paid the mortgage while we were together as I was the main breadwinner.

Any help greatly appreciated, sorry for the long post

If you were not married, it is property law that applies. You are entitled to 50% of the equity in the properties that are in joint names. Be aware that there is going to be some tax liability. The fact he has paid the mortgage is unlikely to make any difference. The money he has paid will be counted as occupational rent ie he is paying to occupy your share of the property as well as his own. If he tries taking this to court, he needs to be aware that, in property law, the loser pays the costs for both parties.

As far as child benefits and tax credits go, you should contact the relevant authorities to inform them that the second child lives with you. You can always agree that he claims just in respect of the third child. If he won''t do this, claim for both if it is a 50:50 arrangement.

You partner''s income is relevant only to the tax credits people. There is no reason why it should be disclosed to your ex.

If your ex is unable to buy you out, he will have to agree to sell one or more of the properties. Alternatively, depending on the equity in them, he could transfer property into your sole ownership to the value of 50% of the equity.

I would take legal advice asking a solicitor to write a short and to the point letter telling him you require 50% in settlement as per the deeds (if this is the case) and warning him of the costs consequences if he takes this to court or forces you to do so. That may focus his mind.

Hadenoughnow

Thank you for your reply.

He has applied under the Childrens Act for a financial remedy and is using our 9 year old child.

Does this make any difference?

Would I be entitled to more than 50% as our daughter lives with me full time and the 9 year old is only with him half the time?

Thank you

As I understand it, the Children Act may allow him to retain use of your equity in the FMH until the youngest child is 18.

It should make no difference to the other properties.

You, of course, can challenge this if you need the equity to help you house another child.

You really should see a solicitor for help with this.

Hadenoughnow

Thank you for your reply.

I have seen a solicitor and she said that his case is poor, as he does not need a large 3 bed property for one child half the week.

I however, am in a much smaller property with our daughter full time, our son half the time and a child from my current relationship. The house is rented and I want to purchase our own home.

He lied on the Notice of First Appointment form, saying that he did not want to attend mediation because of domestic violence ... he was violent and abusive towards me. He also lied and said that there had not been any involvement from CSA regarding our daughter when there had and he had been ordered to pay £7 per week, he refuses to pay this.

He also lied to the mediator and said that I suggested he stay in the FMH. I told her that was a complete lie.

Again, any help is greatly appreciated.

Also he claims to earn less than £7 per week, the mortgage repayments are £840 approx and less than a year ago he was threatened with repossession.