.....

antrobus

laurenphipps85 wrote: »

.....I'm worried that if I scrimp and save he will then expect to get his hands on his half that I've had to pay - or could I prove what I've paid in court

So far the deposit was a "joint effort" and he is "paying his share", so of course he will "expect to get his hands on his half".

In any event, this is a cohabitant land dispute, TOLATA applies.
http://www.bishopandsewell.co.uk/practice-areas/services-for-you/family-relationships-and-divorce/cohabitant-land-dispute-procedure/

laurenphipps85

antrobus wrote: »

So far the deposit was a "joint effort" and he is "paying his share", so of course he will "expect to get his hands on his half".

My query was in fact if he would get half of what I have paid from when he stops payments if he does....


Not prior.....


I feel people are very quick to judge here and are actually adding to the stress

Floxxie

Are you saying you can't afford to pay all the mortgage payments yourself? If so, then I would be selling up and agreeing to half the costs with your ex.

Expect the worse case scenarios of 1) your ex stops paying the mortgage or 2) he forces a sale under ToLATA.

Floxxie

laurenphipps85 wrote: »

My query was in fact if he would get half of what I have paid from when he stops payments if he does....


Not prior.....


I feel people are very quick to judge here and are actually adding to the stress

If he is a joint owner, then he is entitled to half of any profit.

laurenphipps85

I can't afford them right now as I am having to pay off a credit card bill and financed fitted wardrobes that were all in my name from getting the house done up, I had rang the bank previously but they said I need to earn another 4k a year to prove affordability to get his name off which as I say I have started up a business I used to run last year to attempt my best to do this


Selling at this point is not an option for me, this is money I have saved for years having been a single parent, I am not willing to throw away my daughters future over someone thinking they can make a huge financial commitment and then just walk away from it with no cares

Mahsroh

laurenphipps85 wrote: »

I am worried he will stop paying his share, I have advised him it would end up with a repossession order

I know it's not ideal, but as you asked the bank if you could take over the Mortgage I assume that worst case scenario you believe you can afford the repayments?

Where in the country are you? I assume given that it was only Sept-15 we're talking about £20k equity so £10k each? Really depends where you live but that gives the option of buying a £100k property with 10% deposit (though I have no idea without knowing your location is this realistic).... Although admittedly they'd be costs associated with moving..... BUT, some banks allow you to take your existing product to a new property (known as "Porting") to avoid early repayment charges - though I must admit I don't know if this would be allowed in a situation where you're downsizing and getting a smaller mortgage (again, assuming it's affordable in your part of the country!). I'm sure there are others on here who are a lot more clued up on this subject than I am.

Alter_ego

laurenphipps85 wrote: »

If I had the luxury of staying in my parents house rent free and a child was involved then yes




I'm trying to keep a roof over my child's head and avoid financial ruin

Is the child's father contributing to the roof over his child?

DavidF

Not judging anyone here BUT......He is free to stop paying the mortgage if he is not gaining anything out of the ownership - no rent nor a roof over his head. The fact that he is staying with his parents is irrelevant, If you are separated for good then where he lives has really got nothing to do with you to put it bluntly.
Again IF this breakup is final then I would say he is being perfectly reasonable asking to either be taken off the mortgage OR selling up and half the proceeds/debt that may be left behind.
As for the fact that you have a child that reading between the lines isn't his - then I don't think he can be held financially responsible for either of you...BUT this would be open to challenge if say you have been living as a family for a few years or more.
Must have been some "menial" argument for him to want to sell up not speak to you and sever all ties - Maybe you could offer to go to mediation to see if there is any way of you two working this out from a relationship perspective.

lazer

laurenphipps85 wrote: »

If I had the luxury of staying in my parents house rent free and a child was involved then yes


Unfortunately I don't have that luxury and have nowhere else to go or I'd happily let him live there


If he really wanted to he could take the spare bedroom but seeing as he won't make contact with me other than facebook......... then I don't think he'd be up for that


Please do not make me out to be in the wrong here


I'm trying to keep a roof over my child's head and avoid financial ruin

Why should he live with his parents, so that you can stay in a house half owned by him?


My cousins owned a house between them, one cousin then moved out and the other cousin moved his girlfriend in, the original owners continued to pay half the mortgage each, but the one occupying also paid rent to the non occupying owner.


Takeaway the relationship difficulties and look at the reality.


You and your ex OH both own half a house, you live in it, he doesn't. You both pay half the mortgage, so you get to occupy the house and pay only half the mortgage, and therefore get a benefit out of it, you ex OH, pays half the mortgage but doesn't get any benefit out of the house - doesn't sound fair, does it?


Its not about the fact you have child, or he can live in his parents house, its about fairness.


If you can afford to take over the mortgage payments, then perhaps you should consider letting your ex pay less as he doesn't get the benefit of occupying the house.


You could always rent if you had to sell and still keep a roof over your child's head, or use the equity to pay a deposit for a new house.


The bank will not let you simply take over the mortgage if his name remains on the deeds, you need to get him removed from the deeds also, and to do this I assume he would want his share of the equity - do you have this money available to give him without selling?

Somerset

laurenphipps85 wrote: »

I'm trying to keep a roof over my child's head and avoid financial ruin

Ex husband or ex partner ?