Where do I stand with my house if I split from partner

Gravygirl

Hello,


I am in an unhappy relationship and want to split from my partner but were have a house together and are tenants in common. I also have two children, not his. We seem to disagree about everything and I feel its the end of the road for us. The house we live in was mine with my children father, we bought him out and my partner he has been living with us for 5 years. He didn't put any money into the house when he moved in but has been contributing to the mortgage and bill for the last 5 years. Also last year he put in a large amount to extend the house from the proceeds of his own flat sale. My children are middle school age and I do not want to disrupt them by moving but I have no idea where I stand legally. Would I be allowed to stay in the house for a few years until the children are older or do I have to sell it and divide up the money. I only work part-time so don't think I can afford a mortgage on my own even though there will be equity from the house sale. I really need some advise, I love our home and the children are happy so do I stay in the awful relationship so we can stay here??

anna_1977

It's horrible enough when a relationship ends without having to worry about house etc.

I have no advice to give, sorry I don't know the answer but I would guess that,because the children aren't his he is fully entitled to his money back out.... someone with knowledge will no doubt comment soon

Guest101

Gravygirl wrote: »

Hello,


I am in an unhappy relationship and want to split from my partner but were have a house together and are tenants in common. I also have two children, not his. We seem to disagree about everything and I feel its the end of the road for us. The house we live in was mine with my children father, we bought him out and my partner he has been living with us for 5 years. He didn't put any money into the house when he moved in but has been contributing to the mortgage and bill for the last 5 years. Also last year he put in a large amount to extend the house from the proceeds of his own flat sale. My children are middle school age and I do not want to disrupt them by moving but I have no idea where I stand legally. Would I be allowed to stay in the house for a few years until the children are older or do I have to sell it and divide up the money. I only work part-time so don't think I can afford a mortgage on my own even though there will be equity from the house sale. I really need some advise, I love our home and the children are happy so do I stay in the awful relationship so we can stay here??

As they are not his children he isn't obliged to support them. It's more likely he could force a sale of the property. (unless you can buy him out)

lika_86

You own the house as tenants in common, presumably in equal shares? Did you sign a deed or anything to reflect the unequal initial contribution? It sounds to me from what you've said that you will both be entitled to 50/50 from the proceeds.


The biggest problem is that you don't think that you would be able to get a mortgage for the place on your own. Unfortunately if you can't then you probably have no choice but to sell and move. It's unlikely that your partner will move out and take no steps to force the sale as presumably he will want his equity out so he can buy somewhere else or move on. As the children aren't his then he has less incentive to not rock the boat as to your living arrangements than a father might.

jamiehelsinki

Turn this situation around, do you think it's fair he should move out and wait years for his share of the house because you don't want to move?

Personally if I were your partner i would refuse to move out until the house is sold and contracts exchanged.

leespot

He may not have contributed when he first moved in (although you say "we" when talking about buying your ex out?) He has contributed to the mortgage and bills, plus a large amount later on. Fully understand your reasons for not wanting to move, but he is probably entitled to his money back out of the house.

monalia

Whose names are on the deeds?
Did he pay part of the mortgage or was he paying a kind of rent that you used to pay mortgage? Out of whose account did you pay the mortgage?

davidwood123

Unless you are able to pay him back do the decent thing and sell up

FBaby

What would be your plans long term? Because you'll face the same issues when your children are 18 anyway. Would you intend on taking on a FT position, in which case, you would be able to buy him out AND pay the mortgage on your own? If so, why not looking into FT work now so you can buy him out and have the peace of mind of owing him nothing and not have any worries.

If not, you are only talking about buying time, with the threat of a court battle or having to share the house with him. Is it worth it? Could you consider selling the house and buying something smaller but still in the same area so the kids can continue to go to the same school? Kids do adapt to house moves.

BrassicWoman

marriage guidance seems cheaper

bricks and mortar are never worth teachng your kids to stay for the money It's what they will learn.

Gravygirl

Thanks all for your input, hopefully we can come to an agreement that suits us both, I will see a solicitor and see how the house will be split. I cannot take on full time work until my children are older.