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can i move back in ?

me and my partner bought a house for us and her 2 kids to live in.unfortunately we have split up for good now,18 months after i moved out.the house is 50/50 with a mortgage,and a few other loans against it,the house is in negative equity,and i have recently refused to keep paying towards it,as she is living there still.i have said to her if i wanted to move back in, i could,i am sure i can regardless of whether i would or not.can anyone shed any light on this for me,as i am getting a little worried ,as to what will happen.
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Comments

  • Fishingtime
    Fishingtime Posts: 757 Forumite
    500 Posts
    I am sure you could move back in.
    Owing on CC £00.00 :j

    It's like shooting nerds in a barrel
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If your name is on the mortgage you have a right to access the property.
  • david29dpo
    david29dpo Posts: 3,984 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    legally you can move in and stay there as long as you like, as can she. You are both liable for the mortgage.
  • missile
    missile Posts: 11,813 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Ofcourse you can move back in, irrespective of whether you contribute to mortgage or household bills.

    If no one pays, then eventually the mortgagee will evict her and you will be jointly liable for any short fall in the mortgage.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home :iloveyou:
  • mlz1413
    mlz1413 Posts: 3,104 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Yes you can move back in, I'm guessing you and your ex do not have enough money to pay for mortgage, loans and somewhere else for you to live, so would it be worth considering your long term living in house?

    Could her kids have a the big bedroom to share and you and she take the smaller rooms each? Then maybe agree you have dining room as your lounge and she and kids have the original lounge, then only kitchen and bathroom are shared.

    Agree that neither of you will bring back friends / new partners whilst in this situation as that will only inflame an alread fragile situation.

    Try and agree to save a little every month towards the neg equity so that you can both move on long term.

    Good Luck
  • clutton_2
    clutton_2 Posts: 11,149 Forumite
    why have you stopped paying your share of the mortgage ? you signed a legally binding document - which means you are responsible for the mortgage whether you live there or not
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Are the two kids yours? If so then you'd need to pay towards keeping a roof over their heads.

    If they aren't yours then I can see why you don't want to pay, but if the debts are jointly yours then you could be presued for the full amount if you have funds and she doens't should there be a repossession.
  • Mrs_Bumble
    Mrs_Bumble Posts: 1,028 Forumite
    As above I am assuming that all debts secured against the property are joint?

    The mortgage you are jointly and severally liable for, which means that as soon as the lender doesn not get their mortgage payments they will come after both of you, potentially starting legal proceedings and repossessing the house, which would then make your ex, 2 children homeless and as discussed above you would be liable for any legal fees and shortfall that wasn't covered by the sale of the property.

    So are the mortgage and loan payments being met? if not then your credit history is going down the pan.

    Why have you decided that you want to move back in? Do you want to live with her and the children? Does she have somewhere else to go? What are you hoping to achieve?
    I am a Mortgage Adviser

    You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Gwhiz
    Gwhiz Posts: 2,322 Forumite
    Part of the Furniture Combo Breaker
    franklee wrote: »
    Are the two kids yours? If so then you'd need to pay towards keeping a roof over their heads.

    If they aren't yours then I can see why you don't want to pay, but if the debts are jointly yours then you could be presued for the full amount if you have funds and she doens't should there be a repossession.

    Read the OP - "...her 2 kids..."
  • franklee
    franklee Posts: 3,867 Forumite
    Part of the Furniture 1,000 Posts Photogenic
    Gwhiz wrote: »
    Read the OP - "...her 2 kids..."
    No mention of an ex paying maintenace for the kids though :rolleyes:
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