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Is there any way to keep my home?

Edited as privacy being breached.
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Comments

  • arthur_dent_2
    arthur_dent_2 Posts: 1,913 Forumite
    I am sorry i really don't know how to help you, but I would suggest that you get in touch with the CAB or a battered wives charity. You need a lot of help and the only thing I am qualified to give you is big hugs and sympathy.
    Loving the dtd thread. x
  • Psykicpup
    Psykicpup Posts: 1,398 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    I would bite the bullet & approach your Solicitor & expalin what happened, if yu have always paid on time before they might be sympathic? You certainly cant & shouldnt have to go thru this with no legal advise! Contact CAB asap!

    ((((((((((hugs))))))))))
    I THINK is a whole sentence, not a replacement for I Know



    Supermarket Rebel No 19:T
  • spamalot
    spamalot Posts: 117 Forumite
    becky,

    Could you give us a bit more info on the purchase and then we might be able to make some suggestions.

    How much did you each put into the house as a deposit?

    Is his name on the mortgage as well as the deeds for the house?

    Just some intial thoughts and I'm sure that there are some legal begals on here who might be able to go into more detail.If you bought the house together (and assuming his name is on the mortgage and the deed) then you are going to have to get him to sign over his share and take on the mortgage in your own name, in which case then it seems like you're going to probably face 2 options:

    Sell the house and split the equity 50/50

    Buy him out. You could offer him the half of the deposit you both paid and half of any value accured since you bought the property.

    I know you don't have any money at the moment so you might need to look at your potential options on the second point, but assuming he is a joint owner of the property then he does have a right to a share. I know this seems unfair as you've been paying the bills but he still has legal rights.

    Whatever you do I would strongly urge you to get some legal advice, I would not try to do any of this on your own, you need to make sure its all dealt with properly to avoid him coming back in the future and demanding more money or in fact having any kind of control over your life.

    Good luck
  • alba37
    alba37 Posts: 2,616 Forumite
    Just want to offer my sympathy also Becky, what a really horrible situation. It's hard enough going through a breakup with 2 children nevermind being left in debt. I agree with both posters, CAB is a good idea for advice, but also as you had your solicitor for many years they may be happy to offer advice under your present circumstances. I would also contact any relative charity organisation.

    I wouldn't judge you, or anyone else for getting back together in the past. You did what seemed right at the time, and obviously tried your best. I hope things work out for you. All the very best.

    A x
  • Bossyboots
    Bossyboots Posts: 6,760 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    spamalot wrote: »
    becky,

    Could you give us a bit more info on the purchase and then we might be able to make some suggestions.

    How much did you each put into the house as a deposit?

    Is his name on the mortgage as well as the deeds for the house?

    Just some intial thoughts and I'm sure that there are some legal begals on here who might be able to go into more detail.If you bought the house together (and assuming his name is on the mortgage and the deed) then you are going to have to get him to sign over his share and take on the mortgage in your own name, in which case then it seems like you're going to probably face 2 options:

    Sell the house and split the equity 50/50

    Buy him out. You could offer him the half of the deposit you both paid and half of any value accured since you bought the property.

    I know you don't have any money at the moment so you might need to look at your potential options on the second point, but assuming he is a joint owner of the property then he does have a right to a share. I know this seems unfair as you've been paying the bills but he still has legal rights.

    Whatever you do I would strongly urge you to get some legal advice, I would not try to do any of this on your own, you need to make sure its all dealt with properly to avoid him coming back in the future and demanding more money or in fact having any kind of control over your life.

    Good luck

    There is no rule that says it has to be 50/50. That is just where you start. Even if that was deemed a fair split, his share of mortgage payments and any other bits and pieces he should have paid can be deducted.

    Are you sure you won't qualify for legal aid? If you post here or send me your total net monthly income from all sources by PM, I can work it out for you. You would also need to state the actual amount of mortgage you pay each month and any amount you actually pay in child care.
  • NAR
    NAR Posts: 4,863 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Becky have you any evidence of money that you gave to him to pay bills? If so this may also give your solicitor good reason to believe your tale of woe.
    Good luck with this.
  • becky004
    becky004 Posts: 5,167 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Psykicpup wrote: »
    I would bite the bullet & approach your Solicitor & expalin what happened, if yu have always paid on time before they might be sympathic? You certainly cant & shouldnt have to go thru this with no legal advise! Contact CAB asap!

    ((((((((((hugs))))))))))


    I keep meaning to ring them but chicken out at the last minute. Will have to work up the courage to ring them on Monday.
    I love this board, have "virtually" met so many lovely people, people I am honoured to count as friends.
    March Wins - Product Of The Year Goody Bag

  • becky004
    becky004 Posts: 5,167 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    spamalot wrote: »
    becky,

    Could you give us a bit more info on the purchase and then we might be able to make some suggestions.

    How much did you each put into the house as a deposit?

    Is his name on the mortgage as well as the deeds for the house?

    Just some intial thoughts and I'm sure that there are some legal begals on here who might be able to go into more detail.If you bought the house together (and assuming his name is on the mortgage and the deed) then you are going to have to get him to sign over his share and take on the mortgage in your own name, in which case then it seems like you're going to probably face 2 options:

    Sell the house and split the equity 50/50

    Buy him out. You could offer him the half of the deposit you both paid and half of any value accured since you bought the property.

    I know you don't have any money at the moment so you might need to look at your potential options on the second point, but assuming he is a joint owner of the property then he does have a right to a share. I know this seems unfair as you've been paying the bills but he still has legal rights.

    Whatever you do I would strongly urge you to get some legal advice, I would not try to do any of this on your own, you need to make sure its all dealt with properly to avoid him coming back in the future and demanding more money or in fact having any kind of control over your life.

    Good luck

    I paid the 5% deposit of 7500 by myself out of my savings.

    Yes his name is on the mortgage, but he has never payed his share. He kept all his wages for himself, never even bought so much as a nappy for his son.

    If I sell the house I wouldn't get another high street mortgage as my credit rating is in bits! And that would really be a last resort as due to his past behaviour kids and I lived in 5 houses over an 18 month period. The kids are happy and settled here.

    To be honest I would be very surprised if the house was valued at the price we bought it due to the damage he caused here, and the fact that the damp problem not evident when be bought is now very evident!

    I thought he may have rights to a share, it does seem unfair though. I thought there may have been some way out as he has a child here.
    I love this board, have "virtually" met so many lovely people, people I am honoured to count as friends.
    March Wins - Product Of The Year Goody Bag

  • becky004
    becky004 Posts: 5,167 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Bossyboots wrote: »
    Are you sure you won't qualify for legal aid? If you post here or send me your total net monthly income from all sources by PM, I can work it out for you. You would also need to state the actual amount of mortgage you pay each month and any amount you actually pay in child care.

    Thanks for that. I have never had legal aid in the past as I was deemed to earn too much (I wish!). I thought it went on gross earnings which pre-tax is pretty good but due to a stupid tax code which I can't for the life of me understand (40 and no it's not an error my personal allowance is £40 a year before I have to pay tax!), my net wage is £1550 a month, CTC 242.40 a month, Family Allowance £117
    Mortgage £871 a month Childcare £460 a month Council Tax £100 a month
    I love this board, have "virtually" met so many lovely people, people I am honoured to count as friends.
    March Wins - Product Of The Year Goody Bag

  • becky004
    becky004 Posts: 5,167 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Edited due to breach of privacy
    I love this board, have "virtually" met so many lovely people, people I am honoured to count as friends.
    March Wins - Product Of The Year Goody Bag

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