Can my ex claim CSA for any property I sell?

December 31, 2012

I seperated from my partner of 20 years in 2009 we had 3no children Lauren, George and mellissa. WE were not married and she had no legal claim to my house . We signed a separation agreement in which i agreed to give her a gift of £120000 and she agreed to parental responsibility and custody times. since then it has been very difficult to see my children and on the times agreed, i accepted this rather than fight through the courts asi had decided that they had been through enough turmoil in the previous 4 years.

I completed renovations to my house and eventually sold it in april 2011 with £400000 equity, I then moved into my parents house, where I have been living up to now. In december 2012 i bought an office building for £175000 which i have been converting into residential accomodaion and is now registered as an HMo. In march this year my ex was granted a variation order against me for the value of the property and the remaining money which was left in bank accounts.

If i sell this property in the future willi she have a claim against the profit made on the propery ? If I register for council tax and live in the property partly will this variation be reduced, is there a specific number of nights i have to stay in the property per week, If raise a mortguage against the property will it make a difference if it is a comercial or personal one, will it make a difference if i share the property and received rent.

Please advise.


  • Smithy says:

    The advise I’ve had is as follows.

    If you live in a property and it’s your primary residence then all the equity is locked.

    Any cash, investments or equity in another property you have over £65,000 is expected to generate 8% per year income for you. From that 8% they then do their normal calculations of 15%,20%,25% so in your case it would effectively work out at 2% of your capital assets would need to be added into your income pot. It’s not worked out like income tax so if you have over £65,000 then it’s all of it until a time when you have less than £65,000.

    There are ways around it as you mention a few the point being though that it’s still an asset so even if you put it into a business there would still be a fixed asset value that is calculated that it should be giving you an income return of 8%. If you had a mortgage against it inside a company with income being used to pay a mortgage off you still have the cash sitting somewhere.

  • Nina says:

    My partner who I’ve been with for 20 years. And I have 3 children with him.
    We are not married but we are splitting up. We didn’t get on and now he has moved out. But now I’m claiming csa money from him. But we are selling the house. And my 3 children are going to live with him. Can the csa claim money from me from my half of money from house.

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