I dont want to sell our house

FBaby

SkyeKnight wrote: »

You can't get his name off the house deeds because I'm pretty sure you can't get his name off the mortgage. If you have two children and qualify for tax credits then I can't see how you are going to get a mortgage of £350k, never mind more!

I think from reading your posts that you needs serious advice. As per above, I really cannot see how you could get a mortgage on your sole name (the only way his name can be released from the deeds) for that amount if your salary is such that you are still entitled to tax credits for one child.

As for the statement that you would be able to keep the house until your youngest turns 18, you might find that although this is a common position, it is certainly not always the case. When I looked into it for myself, having two children under the age of 4, because I was working full-time and earning just about enough that I could have just about afford to buy a 2 bedroom in a not too nice area, a judge could very well decide that the house should be sold, especially as my ex had debts. As it happened, I was just about in a position to get the mortgage on my own name and buy him out.

In your case, you work full-time, own a 3 bedroom even though you only need 2, your child is school age and there is good equity in the house and your ex has debts... I think it would be very possible that a judge would consider it acceptable to order the sale of the house on the basis that you could still rehouse yourself and your child adequately.

xylophone

You need to see a solicitor urgently.