Property advice needed

pixie76

I am going to make an appointment with a solicitor for the week after next but would be grateful if anyone can give me some advice to put my mind at ease a little bit. I have lived in my property for 15 years & bought it from the council three years ago. At the time my husband was reluctant to buy so I got the mortgage based on just my income details but my OH agreed to have his name on it. I have been paying the mortgage & paying for improvements. My OH is basically moving out & I want to keep my house as I got a good discount on the property plus find the monthly payments affordable to make on my own without his help. (I only pay 379.00 per month & would pay much more to rent somewhere. I got the house for 60k & its current value is roughly 100k) Can OH make me put the house on the market or sell it back to the council? Is there any way I could buy him out & take his name off the house as he said he would be agreeable to do this? We have three children 17, 16 & 5 & the thought of having to give the house back to the council or sell it is making my stomach churn. I realise he needs money to make a new start & buy/rent somewhere else but also badly want to stay in my home. My credit rating is not looking too good of late so me getting a mortgage for another property would probably be an impossibility & I do not want to go back to renting.

ACG

If he agrees for you to buy him out then thats a good start.
If you cant get a mortgage because of a credit rating, then you might be able to agree to pay him £x amount each month until you have paid him whatever it is you agree on.

If he doesnt agree to move out then its a little more difficult.

If he wants a lump sum and you cant get a mortgage then unfortunately i think you will find he can force a sale. A lot depends on how ammicable everything is and what your ex wants.

Thrugelmir

Your solicitor will guide you through the process in full.

As you've a child of 5 , you will be allowed to remain in situ as you are. Though your husband will have an entitlement to a % of the value as it stands. This he would receive when you youngest has left full time education.

The law is weighted in favour of the welfare of children first. Everything else follows after.

dimbo61

I am sorry to hear that you have broken up with your OH but you need to remain in the family home as you have 3 children with the youngest being only 5.
No court in the land will kick you out of your home and make 3 children homeless so carry on paying the mortgage and seek legal advice.
Have you gone to the CSA ?
Your EX should be paying 25% of his net take home pay to look after his children ( please check with CSA website)
He can claim a percentage of the house when the youngest child has left full time education.

Dave_Ham

Your solicitor will give you sound advice, but rest assured forcing a sale will not be one of the solutions entertained given your 5 year old.

You do need to be careful though as most councils have a 5 year charge on the property for the discount provided. Therefore I believe you will need to leave it as it is for deeds and mortgage for another couple of years.

In this time visit the other boards as you will need to improve your credit score and in time take on the mortgage on your own. If and when your ex does want to move on, he will push you to come off the mortgage

Ensure any maintenance is paid through your account and paid consistently as in time some lenders will accept this as part of your income, when the time comes..

All the best

Phil_GT

Daft question, but if you could have afforded it on your own, why did you add him.

if i could have got my house with my gf without her income, it would have been in my name...

can you not suggest, he gives up the house in lue of child maintanance?

you wouldnt be much better off and the house is yours?