Tuesday, February 2, 2010

What am I entitled to when splitting from a partner and pregnant?

My ex and I bought a house last year for 拢140,000. We borrowed 拢133,000 from the bank and 拢7,000 from his Dad for the deposit. We have now split up and he is buying me out. The house is marketed at 拢172,950. How much of this share am I entitled to and does it make a difference being pregnant with a child he wants nothing to do with?What am I entitled to when splitting from a partner and pregnant?
Assuming you were married, and absent any premarital agreements, you'd usually be entitled to half the community assets (usually) including shares of pension plans, etc. Of course, your ex will owe you child support for the baby whether he wants to be part of the child's life or not.





Good luck,


Dana (attorney)What am I entitled to when splitting from a partner and pregnant?
I think in the U.S. you are entitled to what you put in to the house plus your half of the equity in the house. Being pregnant probably won't get you more money, but you can get support for the baby and maybe something like spousal support if he has supported you for a long time. Good luck!
Half.





And hit him up for child support and alimony.





The way the courts are, you'll make out like a bandit.
Well ****, you might as well hold his kid to ransom against the state while your at it.
The problem here is that the house isn't actually being sold. You are simply being bought out. Otherwise I'd say that on a falling market there might not be very much cash left over at the end of the day. Presumably your ex will continue paying the mortgage and his Dad will not be pressing for the immediate return of his money. You don't say whether you contributed at all to the initial deposit, or whether your ex did, in which case that contribution should be taken into account when buying you out.


The existence of the unborn child will not have any effect on this particular deal, but you will be entitled to claim maintenance from him for the child once he is born until the child reaches the age of 18 or ceases full time education.
You are entitled to 50% of the net proceeds of sale - that is, the amount left over when the mortgage company and his dad are repaid.


So if you sold at, say, 拢170k you'd be entitled to 50% of 拢30,000.


Given the state of the housing market at the moment, I suspect your 50% is not going to add up to much.


The pregnancy does not add to your share of the proceeds of sale. It'd be different if you already had children.
do you want too move out of this house , if so than where will you go , if you do not have a place too go than you should stay where you are, and let him pay everything , he is or he should be paying all the maintance for your well being including for your child , if it is is child ,


have you agreed to sell the property or did you sign anything , if i was yu i would find a lawyer , than again you are the looser because the lawyer is going to get some of your profit.


so there is lot too think about,


I hope you make right choice and good luck,


Merry Xmas, and a happy new year,
No one is ever happy with the outcome in court.





If there is ANY chance at all you can resolve this with him, without animosity, DO IT.





The only winners in court are the attorneys and judges.





No, you will NOT make out like a bandit. You could actually do worse than you could negotiate on your own.





You should also seek out mediation services in your area. If you call the court where you would normally ';fight';, they can often provide you with information regarding mediation.





Most importantly, his child, and yours, will spend his/her entire life desiring a relationship with a mother and a father. Your most important issue right now, is establishing a foundation for that relationship with the father of your baby and his child. You may hate hearing this advice now --- but I assure you the day will come when the truth of these words will crash down in your life if you don't do everything you can to accomplish this for your child.





WORK IT OUT ( and I don't mean that you have to stay together, although that is ideal)...
If a joint mortgage, you have a 50% share of the sale price. Since it is valued a 拢172,950, you may not actually start counting your chicken until the house is actually sold and money has changed hands for that exact price. Otherwise, the final sale price determines your share.





However, this straight forward analysis could be complicated by how much you had put into the purchase price, any legal clauses from either of you during and after purchase.





As with all things official and legal, best see your solicitor for best advice.
Consult with your lawyer, before you take advice from us on Y!A. Personally though I would try for all of it.
half the market value and child benefit plus child support .it might get messy in court but stand by what is the law.

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