Can I be removed from my mortgage? (Very unusual circumstances)

Hazardwarning

Hello and thank you in advance.

I am in need of some advice on possible outcomes to the unfortunate situation I find myself in. I'll try and keep it simple but it is very complicated.

My relationship with my partner (not married) has been breaking down over the course of 3 or 4 years. We jointly own a lovely property (since 2011) and in the early days I took out a lot of loans in my name to fix up the place (all paid off now) and paid the mortgage as I had a steady job and she contributed in bits and pieces when she could which was fine with me – We have 2 Children (7 & 4) and she looked after them for a period - the arrangement worked for us all.

Fast forward 5 years and I had a breakdown and was diagnosed as having severe depression and anxiety. It ended up with me spending a stint in hospital (i'm much better now). That was during the later half of 2016 so I haven't had a full time job since then but have been freelancing to earn money to help with the kids etc. Technically I haven't been paying the mortgage since I was in hospital (after I came out my partner told me it's more important to get myself well before worrying about work). I wanted to contribute so took it slow but felt I needed to earn to feel better about myself.

Fast forward a little more and the relationship has completely broken down to the point that my ex wants me to leave despite me literally having zero income and nowhere else to go (despite my having put in the lions share over the course of our relationship) - I don't have any family. It's breaking my heart to think the kids are going to endure the inevitable break up of their parents but that is something I will have to deal with. She is now working full time and it seems like a kick in the gut after all I have put in.

What I need to know is where I stand in terms of the property. If my partner has exclusively paid the mortgage from her account for the last couple of years does that count against me in any way? I don't want to be a !!!!!!!!!! or anything like that so no matter how I am mentally I will find work now so I can pay full or at least half. Her stance is that she wants me to leave and she has clearly stated the most she will ever give me is 1/4 of the equity - Her reason for that figure is 'because there are 3 of us and 1 of you'. Can she really do that? She is currently seeking legal advice to try and remove me but as I mentioned I have no money to get some representation so i'm like a sitting duck at the moment waiting for the bad news - it's not a nice feeling to not be wanted but not have any control over it. She refuses to sell the flat. There are no other circumstances such as verbal or physical abuse on either's part.

I just want the children to be happy but at the same time surely it's not fair I end up homeless and with next to nothing is it?...maybe that's how it works when there are kids involved?

Should I just leave to spare the children the hostility of their parents relationship?...sometimes I think so but other times I don't think it's fair that I make such a sacrifice and she doesn't.

I'd feel a lot better if I knew where I stood (or maybe I wouldn't!!).

Thanks again.

Jaywood89

The good news is that your ex is going to be disappointed when she finds out that she doesn’t have the power she thinks she does

The property is ‘owned’ as equals (unless you stipulated and different percentage when buying, I’m guessing no as you would be asking where you stand”

She cannot dictate the % you get. You need to seek professional legal advice as I am not legally trained and know this only from experience. You never know the true state of things from a forum. But don’t panic she has not immediate power over the house .

She could possibly take the matter to court to prove you have never contributed but from what you have said that won’t stand up and even if it did she won’t walk away with the house likes prize to be won.

Hope it all works out
Good luck

Jaywood89

Information found regarding property and unmarried couples online in uk based legal site.....

“There are two situations that typically cause problems for unmarried couples that own their home.

The first problem arises where partner A moves into a property already owned by partner B, whose name is on the deeds.

Partner A may contribute to the mortgage and live in the property for years on end.

However, if the relationship breaks up, partner A usually has no legal right to a share in the property (except in certain cases, see next section).

The second situation is where a couple have bought their home together.

If they subsequently separate, the property will be automatically divided 50:50, regardless of how much each partner contributed.

Proving a contribution

In the first case, where only one partner owns the property, the non-owning partner may be able to obtain the right to live in the home, prevent their partner from living in the home or secure part of the proceeds when it's sold, as long as they can demonstrate that they've contributed to it.

For example, if the non-owning partner made all or some of the payments on the mortgage, put up some money for the deposit or paid for an extension to be built.

Couples with children

In the case of children, if a couple separates one partner can ask a court to transfer the property into their name, whether the property is jointly owned by both or solely owned by the other partner.

This is only granted if the court feels it is in the best interests of the children and it is usually only done for a limited period of time, for instance until the youngest child is 18.”

Hope it puts ur mind more at ease

TBagpuss

As Jaywood says, if the house is in both your names, then your ex can't just remove you or make you leave.

The fact that she has paid the mortgage recently wouldn't mean she has a larger share, any more than you having funded the earlier renovations means you would have a larger share.

The children don't get a share, so the idea that she gets 3/4 and you get 1/4 is entirely wrong.

If you were married then a court could consider which of you the children were living with and what your different housing and financial needs were, but as you weren't, you get half each and then (if the children live with her) you pay child support based on your income.

While there are claims which can be made on behalf of children it is unlikely that that would be appropriate here.

I would suggest that you speak to a solicitor so that you are clear about your options, and perhaps consider getting a letter sent to her to set out for her the reality of the situation. It would, of course, be open to you to *agree* a different outcome, for instance to agree to take less than 50% now and the rest (secured over the house) once the children are older, but that would be a personal choice, not something she is entitled to, and get advice before you consider discussing anything like that with her, so you are clear on your options.

kingstreet

I'm going to hazard a guess at Jones v Kernott with the added complication of dependents?

https://en.wikipedia.org/wiki/Jones_v_Kernott

Hazardwarning

Thank you for your replies Jaywood,

Yes I agree, complicated affairs over a forum post don't tell the whole story.

It is a joint (equals) mortgage so thank goodness for that.

I have contributed so that shouldn't be an issue - About the only thing constructive I have done in all this is visit the bank and order 10 years of statements. I highlighted each of our payments and wages with different colour highlighters add added them all up. Over that period I have deposited over double what she has - Despite my not working full time for a couple of years. That is the account that all our bills, utilities and Mortgage came out of. Also during that time I gave her £500 from my wages each month (god knows why!).

I'm confident on those two points you raise, for the above reasons, I should have some time on my side at least. Thank you.

Slightly worrying though the about the 'couples with children part'. I wouldn't put it past her to use my illness against me somehow - I have to admit, it was a tough time for not just me but for her. Not in the way of relationship problems (actually it was probably the closest we've been to one another!). Just in terms of worry and stress.

Well, I'll just tell myself when I go to bed tonight that it is unlikely a court would transfer my home from me considering the above. Hopefully it's not in the courts interest to make a father homeless.

TBagpuss

Don't worry too much about the 'couple with children' part.

There are applications she could make but I think she would struggle to succeed in the situation you have described.

Mostly that kind of claims succeeds where there has been a long separation (where an argument can be made that the parties have implicitly agreed to (say) not sell til the children leave home), or where there is enough money that the court decides that the non-resident owner can afford (and intended ) to provide a home for the children in addition to and separate from wherever they themselves are living.

I suggest that you look for a solicitor who is experienced with dealing with ToLATA claims. This is most likely to be a litigation specialist or a family law specialist with litigation experience.

Hazardwarning

Thank you all for your advice.

Slept a little better last night because of it!