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Separating-joint mortgage

Hello everyone  👋 
My first post please be kind (occasional lurker before).
As the thread title suggests-I own a property jointly with my partner (not married). 
Around two weeks ago came to know he has cheated on with me with escorts throughout out our 5 years together. We have two young children. 

I am due to speak to my mortgage provider to go over affordability so I can take over mortgage myself. Prior to this, we have a declaration of trust outlining i get 100% of any proceeds (partner paid nothing into house deposit or renovations, purchased one kettle).
partner has agreed to mortgage transfer so we can sever ties however does remain in deep denial about us ending. 

Once the mortgage is signed over to me alone-can he ever stake any beneficial interest? There has been domestic abuse, mental cruelty on his part. Usual narcissistic self serving crap. I’m flitting between cycles of despair and pulling myself together for the kids.

any words of wisdom? I’m hoping the declaration might protect me from him making my life difficult down the line. I’m aware I can go down occupation order route but I really don’t want to deprive my children of their father, they love him dearly. I want to do this as painlessly as possible. We have only owned the house a year. 

Thanks in advance .

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 November 2020 at 3:36PM
    The Declaration of Trust is a legally binding document.  Provided it was drawn up in the correct manner then that's your insurance policy.  One aspect that often gets overlooked and/or ignored is that one party should receive independent legal advice. To ensure that they fully comprehend what they are signing. Presenting somebody with a "fait accompli" potentially leaves matters open to challenge. 


  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you checked on your mortgage providers website if your income with 2 dependants would be enough to cover the mortgage.
    Are you currently in a fixed rate deal.
    Not sure if your still living together or they have moved out.
    Child support ? 
  • support ? 
    *I’m hoping I will meet affordability but have a sibling who has agreed to step up for the mortgage, should I fall short (children 2 and 4 years old so I had planned to work part time until both were school age). The online affordability calculator seems to say I may well meet it. 
    *partner still living with me whilst we work this through. Continuing to deny deny deny and deflect. In the face of evidence, doesn’t bode well for the future, as far as he is concerned there is nothing to forgive. Apparently escorts phoned him not the other way round. If someone had told me a month ago my life would read like this. I wouldn’t have believed it. 
    *Fixed rate deal, 4 years remaining. 
    *Child support I guess we will cross that bridge when we actually separate. Knowing my partner it won’t be much to add into affordability calculations. He will do everything in his power to ensure it. 
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