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Relationship break up

Hi can anyone tell me were to go to know my rights what i'm intitled to etc. My partner and i are splitting up after 18 years together (my choice) we have two children together 5 & 2 years. I just want my half of the house and i'm happy to leave it is in joint names (he says he will buy me out as i can't afford to buy his half). He has started to treaten courts so he can give me as little as possible. I really don't want that any advise would be very welcome thank you

Comments

  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just stay where you are, with 2 children, he cannot make you move out.

    Change the locks if necessary. Your children are your priority and should be his, but obviously not so
    dont, dont let him intimidate you.

    Go and see a solicitor, you can get a half hour free session.

    Good luck.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Orrin
    Orrin Posts: 448 Forumite
    Part of the Furniture
    Go and see a lawyer. You should be able to get a free initial appointment from a local family law solicitor and then you can take it from there.

    Try the yellow pages or http://www.resolution.org.uk/
  • Thank you both so much i will make a appointment to see a solicitor.
  • If it goes to court it could end up costing the pair of you more than you've got. There are solicitors that do family mediation. That would be cheaper.
  • fizz
    fizz Posts: 984 Forumite
    Part of the Furniture Combo Breaker
    Firstly, do NOT change the locks-the house is in joint names and therefore unless there is a documented history of abuse, he is still allowed to come and go from the house as he wants. Can you play nice and ask for the keys back?
    Secondly, check to see if your entitled to Legal Aid-the bill could run into thousands.
    Thirdly, as your youngest is only 2 and I assume that your partner has a greater earnings capacity than you, the court would probably order that you can stay in the house until your youngest finishes school, so at least you should have a home for the next 10+ years.
    Finally, please don't assume that it will be a 50/50 split....this is a common misconception-we don't live in California.

    All the best
    fizz.x
    20p Savers Club 2013 #17 £7.80/£120.00
  • pigpen
    pigpen Posts: 41,152 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, def do not change the locks he is within his rights to break in and you get to foot the bill for the repairs!

    If you are staying in the house housing benefit (HB) will pay the interest and not at the rate specified by your lender!! for 2 years only.. after that you pay it all.. they don't tell you that bit.. though they will pay rent at a much higher rate.

    I'd ask for the deposit and money to set up a new home for you and the children and as he can afford it to buy out yourhalf of the mortgage.. no court would see this as unreasonable!!!!

    As part of my settlement we have transferred legal ownership of the house into my name solely BUT the mortgage is in joint names and he doesn't pay maintenance for 2 years.. he doesn't pay anyway so that doesn't matter. the mortgage is still in joint names so if I default he is jointly liable but this order means I can change the locks and he has no legal right of access to the house so if he breaks in he can be prosecuted for breaking and entering... is something like this maybe an option for you?

    You are legally entitled to stay in the house with the children until the youngest leaves full time education or finishes A-Levels.. even if they are 20 when they manage it!! You might be able to afford to buy him out well before then.. don't agree to a thing until you have looked at ALL the options
    LB moment 10/06 Debt Free date 6/6/14
    Hope to be debt free until the day I die
    Mortgage-free Wannabee (05/08/30)
    6/6/14 £72,454.65 (5.65% int.)
    08/12/2023 £33602.00 (4.81% int.)
  • McKneff wrote: »

    Change the locks if necessary. Your children are your priority and should be his, but obviously not so
    dont, dont let him intimidate you.

    Go and see a solicitor, you can get a half hour free session.

    Good luck.
    What planet do these people that say "change the locks" live on....Its the worst thing you can do.....he is entitled to come and go from his joint property as he likes....Changing locks is expensive and just brings more resentment into the relationship
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