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

Guest101

monalia wrote: »

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?

literally all those questions are not relevant....

Guest101

Gravygirl wrote: »

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.

You own as tenants in common, that's how the house will be split in all likelihood.

TBagpuss

Are you marrid? I'm assuming not as you refer to him as your partner.

If that's correct, then no, you don't have a right to stay until the children are older (although you and your partner are free to agre whatever you want, so if he agreed to that, you could have an appropriate agreement drawn u to tjat effect.)

As you own as tenants in common, the presumption is that you own, and are entitled to the proceeds of sale of, the property in the proportions set out in your declaration of trust or, of you have no formal declaration, that you won 50/50. If wither of you seeks to claim more than 50% then the person making the claim would have to show that there was an joint intention to own in different shares.

If you are not able to get a mortgage to buy out your ex then most likely the house will have to be sold and the proceeds divided, and you will each be able to use your share of the proceeds of sale towards another property. (If you can't afford to buy then it may be worth you while to look at whether there are any shared ownership properties in your area which would meet your needs)

BrassicWoman

Gravygirl wrote: »

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.

unless he takes on the childcare; plenty men do

leespot

BrassicWoman wrote: »

unless he takes on the childcare; plenty men do

Possible, but they're not his children so quite unlikely.

getmore4less

It will be relatively easy to work out his equitable share from the numbers.

It will probably be more than the cash in and less than 50% equity.

The issue going forward seems to ne how you fund somewhere to live.

BrassicWoman

leespot wrote: »

Possible, but they're not his children so quite unlikely.

Fair point well made!

Diary

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??

Going on your last sentence, I think it's terribly selfish of you to stay with your boyfriend just so as you have a house you happen to like. He appears to be supporting you and the children that aren't his so instead of stringing him along knowing its awful to be with him make a clean break of it.