Help with my rights.

madasastick

Hi

Hope I can get some info.

Me and my OH (we aren't married) currently have a joint mortgage.

I dont want to be with him anymore for various reasons.

We have 2 children (1 mine and 1 ours).

What are my rights if I ask him to leave and he wont. Do I have any at all?

Thanks in advance.

Mips

urm not sure as you aren't married?

Could you buy him out? Suggest he buys you out.. or sell the house and go separate ways? Not ideal perhaps with the current house market the way it is...

lizzak

My friends going through similar experience but she has actually moved out now and her ex is at his moms (so the house is empty, theyre not married also) their house is being split 50/50 but currentlty theyre having a lot of trouble selling the house so either try and buy him out or vice versa.

mookiandco

Would need more info to help. ie is property in joint names? who contributed to purchase and how much etc. The law is under the trusts of land and appointment of trustees act. If house is in joint names and you are not married the property should be split 50:50. You would need a very very good reason to convince the courts it should be any other way. You can make another application under children act 1989 for provision for the child which could include staying in the house until child finishes full time education when it should then be sold and both of you take your interest.

If property is in joint names you have no right to ask him to leave and cannot change the locks. I would suggest you speak to a family solicitor who would be able to answer all your questions.

madasastick

mookiandco wrote: »

Would need more info to help. ie is property in joint names? who contributed to purchase and how much etc. The law is under the trusts of land and appointment of trustees act. If house is in joint names and you are not married the property should be split 50:50. You would need a very very good reason to convince the courts it should be any other way. You can make another application under children act 1989 for provision for the child which could include staying in the house until child finishes full time education when it should then be sold and both of you take your interest.

If property is in joint names you have no right to ask him to leave and cannot change the locks. I would suggest you speak to a family solicitor who would be able to answer all your questions.

Hiya

Thanks - I originally bought the house alone for £35K in 2000.

We remortgaged together in 2005 for £50k.

He has been out of work for 18 months (not that is relevent I wouldnt imagine).

I was pretty sure I couldnt change the locks etc but can I force him to let me buy him out?

I really dont want to leave being that it was "my" house originally.

Thanks again

pinkshoes

madasastick wrote: »

Hiya

Thanks - I originally bought the house alone for £35K in 2000.

We remortgaged together in 2005 for £50k.

He has been out of work for 18 months (not that is relevent I wouldnt imagine).

I was pretty sure I couldnt change the locks etc but can I force him to let me buy him out?

I really dont want to leave being that it was "my" house originally.

Thanks again

YOu can't force him to let you buy him out, but if he's been out of work for 18 months, it's unlikely he'll be able to buy you out, and given the current market, selling it could prove a lengthy process.

Explain the options to him, and hopefully he'll let you buy him out. You'll need to get it valued, then you'd have to pay him half the increase in price since he was added to the mortgage in 2005. Perhaps work out how much this will be, as if he's getting cash out of this, he'll be more likely to agree to it!

madasastick

Thank you

I already have a figure in mind to be honest I just dont think he is going to be very agreeable to anything.

What would be the next step if he refused all of the above?

simon-dupree

You say you bought the house originally for 35000 was that on mortgage or cash? and then what did you spend the 15000 extra on the re mortgage on? What is the House value now? What needs working out is how much EQUITY you have in the house and in what proportion that equity is to be distributed on a split .The rest is just DEBT.