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HELP Am I trapped?

My unmarried partned and own a property together. We have a one year old child and have unfortunately just split up (Mutual split).

Our house is valued at approx £230k atm with £205k outstanding on the mortguage. The monthly repayments are pretty high and neither of us would be able to pay it on our own.

Things are at the moment and hopfully will remain amicable. Finally I get to my question! If things take a turn for the worst and dialog breaks down would I be tied to the mortguage if i'm not living there and my ex partner refuses to sell the house. It goes without saying my first priority is my sons security.

My ex still works part time and brings home a reasonable wage £15k ish I assist and will continue to support her for my boys needs (child minder £100 monthly and £300 for general bills monthly) not to mention additional child benefits. I feel that she could easily rent somewhere reasonable on this income.

As we are not married I know I can apply to the court to force the sale of the property. (certainly a last resort!) Does my son living there with her mean this would be blocked untill he reached his 18th year?

I'm not interested in making any money real money out of the sale. (A few thousand would help me to try and start over) My intention would be to remove the £800 not including child care drain on my monthly income. My income is £2k monthly.

Long winded I know but I would appreciate any advise on my situation.

Thank you in advance.

Comments

  • kelloggs36
    kelloggs36 Posts: 7,712 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You need to seek legal advice on this one as it is never as straightforward as it seems!!
  • Blob
    Blob Posts: 1,011 Forumite
    Seek advice as you have a number of options, but if you are on the mortguage and a payment is mist you are liable, end of!
  • Thanks for the replys guys. In summery get legal advise! :) Thanks again.

    P.s Has anyone had experience of a similar situation? If yes what was the result?
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Thanks for the replys guys. In summery get legal advise! :) Thanks again.

    P.s Has anyone had experience of a similar situation? If yes what was the result?

    Every case will be judged on it's individual merit, as others have suggested seek legal advice.
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