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Separation

edited 30 November -1 at 1:00AM in House Buying, Renting & Selling
9 replies 1.4K views
abbieno7_2abbieno7_2 Forumite
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edited 30 November -1 at 1:00AM in House Buying, Renting & Selling
Hi there

I hope someone will be able to shed some light on my query on here please.

My partner and I are currently going through the process of separating. I have three children, one of whom is his daughter.

We live in a mortgaged property although the mortgage is in his name due to my credit history not being too great when we took it out three years ago.

We had previously contemplated selling the house and me setting up on my own in privately rented accommodation with my children but he is of the mind that myself and the girls should stay here and he will move out.

I am a little concerned about doing this as don't know what my rights are...would a formal tenancy agreement need to be drawn up with him as my landlord? I just envisage that whilst it would be better to stay for the kids' sake, I feel it may get messy in the future.

The flip side is if we sell it then according to the legal advice I have obtained, I would be entitled to a share of any proceeds due to me having an equitable interest in the property and having paid the mortgage.

Any advice on any of the above would be greatly appreciated.

Thank you

Replies

  • LADYXXMACBETHLADYXXMACBETH Forumite
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    When me and my ex partner seperated (I was a joint owner) I just moved out and he bought me out privately. The house hadn't changed much in price so he gave me 2k and off I went. I was still on the mortgage and if he sold it I would have got half the proceeds he eventually changed it from a joint mortgage to just in his name but it cost him about £600. If your seperation isn't messy and you trust him I would come to some sort of agreement where you rent it off him so to speak. You could do this through a lettngs agency so it is all official and you are protected if everything goes sour. That way you could stay in the house the mortgage gets paid off if he gives you a bit of money as your share of the profits on the 3 years everyone is happy. I think it might be different if it is a house youve had for 25+ years and the profits in it are substantial. He can then use the money he would get from the rental to pay the mortgage and afford his own place and you would't have the hassle of finding a rental place that accepts children/pets/DSS I'm not sure if you would get Housing benefit but if you did itis harder to find rental accommodation. Good Luck Just make sure you are friendly towards each other and forget past grievences as this can have a horrible effect on your children. trust me Ive been there as the child !
  • BigAuntyBigAunty Forumite
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    The Shelter website has a relationship breakdown section in it that covers your rights. I believe that some mothers with children get a court obtained occupancy order that gives them the right to remain in the property until the youngest turns 18, for example.
  • CAN1976CAN1976 Forumite
    263 Posts
    BigAunty wrote: »
    The Shelter website has a relationship breakdown section in it that covers your rights. I believe that some mothers with children get a court obtained occupancy order that gives them the right to remain in the property until the youngest turns 18, for example.

    How does that work if the property is not owned outright? Does the guy have to pay the mortgage on top of child support?
  • abbieno7_2abbieno7_2 Forumite
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    Thank you so much for the advice. We aim to attempt to keep it civil for the sake of the kids. I had an unhappy childhood to as a result of my parents relationship being difficult.

    I will take a look on the Shelter site - thanks
  • TBagpussTBagpuss Forumite
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    I would recommend that you consider a formal separation agreement, and a trust deed making clear what your share of the property is and what you will be entitled to when it is sold.

    It is correct that in the situation you describe you are likely to have a claim on the property, but if you have a formal declaration of trust it saves you finding, some years down the line, that he has changed his mind and that you have to go to court to try to sort things out.

    If he moved out, are you going to be paying the mortgage?
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • BigAuntyBigAunty Forumite
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    CAN1976 wrote: »
    How does that work if the property is not owned outright? Does the guy have to pay the mortgage on top of child support?

    I don't know how it works for definate but Iwouldn't assume there would necessarily be an obligation for the ex to keep paying the mortgage, perhaps that's a part of the general settlement outcome and so it's a case by case basis thing, outside of the occupancy order? Perhaps someone with more knowledge/experience could comment on this? Perhaps there's more info on the Shelter website.

    Nonetheless, if parents can't reach an agreement on child support, the non-resident parent (s?) would be expected by the CSA to contribute a percentage of their net income as child maintenance. Not sure how it works for a step-parent, if they are just financially responsible for their biological child or all children from the previous household set-up. It's 15% of the net income for 1 child, 20% for two, 25% for three children.
  • abbieno7_2abbieno7_2 Forumite
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    TBagpuss wrote: »
    I would recommend that you consider a formal separation agreement, and a trust deed making clear what your share of the property is and what you will be entitled to when it is sold.

    It is correct that in the situation you describe you are likely to have a claim on the property, but if you have a formal declaration of trust it saves you finding, some years down the line, that he has changed his mind and that you have to go to court to try to sort things out.

    If he moved out, are you going to be paying the mortgage?



    Hi and thank you for your good advice. If he moves out then I would continue to pay his mortgage for him. I'm not sure if that's a better idea or whether he should just draw up a tenancy agreement - I've heard that I need an assured one though as opposed to short term. I think I need to seek legal advice. Would a Family solicitor be able to assist with what you suggested?
    Thanks so much for your time
    Net
  • 19lottie8219lottie82 Forumite
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    Bear in mind that if you rent the property from your ex, you most likely won't be able to claim housing benefit for the property at any point. It will be viewed as a contrived tenancy.
  • abbieno7_2abbieno7_2 Forumite
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    19lottie82 wrote: »
    Bear in mind that if you rent the property from your ex, you most likely won't be able to claim housing benefit for the property at any point. It will be viewed as a contrived tenancy.

    That had crossed my mind too actually - thank you for that. I assumed that might be the case but to be honest to get a house of a similar size on a privately rented basis it would cost about £250 more a month than the mortgage anyway. I work so would probably only be entitled to approx £200 a month housing benefit if I did move out and rent privately.
    Upshot is the mortgage is £600 a month so I am better off staying here and if I do have to rent from him so be it.

    Thanks for your help, I appreciate it
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