Can I move back in to jointly owned house?

phojay

Hi, can anyone offer some advice please?

I split up with my partner in december last year. He refused to move out and so i was left with no option but to move out with my 3 children (the youngest 4yr old is his son and type 1 diabetic). I found a privately rented house but they have now decided to sell it and i will have to move out. The house my ex partner is living in is jointly owned by both of us. He has said numerous times he doesn't want to live in this town and certainly doesn't need a 4 bed house.

What i'm tryin to find out is if i have any right to move back into the house as i own it too and need a home for my children that is secure and stable and without risk of having to uproot them and move again. He wants me to take my name off the mortgage and deeds.

Any advice would be gratefully recieved.

USM

Yes of course you can move back in

RAS

If the house is jointly owned, he cannot prevent you moving back in.

rachbc

Yep if your name is still on the deeds then you have every right to

newcook

as everyone else has said - yes you can

Why does he want you to take your name off the deeds and why wouldn’t he move if he has said many times he doesn’t want to live in that town?

pigpen

If you take your name off the deeds unless he buys you out you are still responsible for the mortgage.

I'd move back in.. and have him move out.. you are legally allowed to live there until the youngest child leaves full time education.. be that 16, 18 or 19!

Do not let him take your name off the deeds!! .. that would mean you had no claim on any equity should he sell the house which is probably his intention!

Darlyd

You have more right to be there than he has. I would contact a solicitor asap.

newcook

darlyd wrote: »

You have more right to be there than he has.

They both have as much right to be there as each other - it is a joint mortgage.
OP chose to move out and chose to take her children with her – she could have stayed or left the children with ex.

OP are you able to buy him out?

phojay

Thanks all for advice. To answer a couple of questions, he won't move out as doesn't want me to have house and no I can't afford to buy him out as on benefits as full time carer to young diabetic son. Think I'll speak to a solicitor and see what they say!

pigpen

A solicitor can have him forcibly removed from the house leaving you there with the children.. you say he is there making you miserable and being verbally abusive.. my stepmother did it with my dad.

princessdreamer

Good luck, you need a house for the children more than he needs a house for himself. Sorry if that sounds unfair on him but I would go for keeping the house till youngest is 18 and then split the equity when house is sold.