Mortgage after split.

RSROGER

Hi, me and my partner have recently split and I have moved back to my parents home. Ex is still in our house. we are not married. Me and my ex have agreed to sell the house and use the equity to pay off our existing debts. We have a joint mortgage and a young child. My question is, if she changes her mind and decides she wants to keep the house will I be forced to pay my half the mortgage until my child is 18? If this is the case I will never be able to move out of my parents place as I cant afford to rent as well as pay a mortgage. She cannot afford keep the house on her own.

Any help and advice much appreciated, I never saw myself being in this situation so i'm totally unprepared and don't know anything about my rights and the legalities.

Many Thanks in advance.

Fire_Fox

Most solicitors will offer a free initial consultation, it is worth you both taking that option before you then negotiate a settlement and go through all the legals. It is very difficult to force a sale of a property, however as you still own half the house you still have the right to live there. If your ex gets unreasonable you could simply move back in until she sees sense! If your ex is claiming any means-tested benefits such as working tax or child tax credits you must inform the benefits agency immediately of your change in circumstances. Also she can claim for a reduction in council tax in your absence. I would make sure your name is removed from ALL bills as while you are named you are liable.

dats

Definitely go and get some free legal advice. I had a good experience with doing that, but I did a lot of online research first, so that I knew exactly what questions to ask.

Most solicitors will give you say a thirty minute free slot.

I tried CAB too, but they knew less than I did, after my research and the tools they used to get the information are all online, anyway.

If your mortgage is jointly held, it may be a good idea to look at severing the joint tenancy so that you are tenants in common. Me and my ex (unmarried, but no kids) also drew up a Declaration of Trust, setting out who was going to get what - it just makes things clear.

Hang in there, it's a slog but you'll work it out.

Claire