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Who is going to pay.

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Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    No, because I believe she went for advice only.

    Then I suspect that she's not on firm ground at all.

    Suggest you have 30 minutes yourself with a solicitor.

    I suspect you'll feel a whole lot better afterwards.
  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Remember, solicitors are clever with words... if you are quoting them correctly, they are ... well... right...

    You said: "She has gone to a solicitor, paid for by her father, who has told her that I MUST continue to pay the mortgage so that she can live there"

    .... is correct :D ..... English, that is, not law!

    In order for her to live there, you must pay the mortgage

    is not the same as

    You must pay the mortgage because she must live there".

    There's no legal requirement for her to live there, it's just if you stop paying the mortgage, she won't be able to live there.

    I agree. See a friendly solicitor, and get back into your house and live there What she chooses to do next is up to her.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DaftyDuck wrote: »
    Remember, solicitors are clever with words... if you are quoting them correctly, they are ... well... right...

    Dafty's right. Their solicitor is obviously going to try to get them what they want. He/she is working for them - not being an independent conveyor of the law.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Mojisola wrote: »
    Their solicitor is obviously going to try to get them what they want.

    If there were grounds then a solicitor would have written on behalf of the client. The lack of. Suggests that there's no entitlement to or occupancy of the property.
    If only one of you is named as the owner, there is a presumption that that person owns the property. The non-owner’s ability to make a claim on the property relies on you being able to prove that either the owner agreed to share the property with the non-owner (ideally in writing) or that the non-owner contributed to the purchase of the home. For example if the non-owner paid into the mortgage account, paid a share or all of the deposit or paid substantial household bills on the understanding the non-owner would have a share in the home, the non-owner may have a claim.

    OP. I meant to say earlier speak to your lender ASAP. Explain the situation fully.

    Also ensure you pay maintenance for your child. As this may be the next line of attack. I would suggest paying this rather than the mortgage.
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