House in joint names. Weve split up she is in the house with her 2 children

andrew1111

We have split up and we own 2 properties. Ive moved out of the main house to the apartment we own. She has stayed in the main house wiith her children. We have no children together and she cant afford the mortgage so I need to pay it. Does she have more right than me to stay in the house even though the children are not mine. Or if she cant afford the bills as she doesnt work should she move out asap and me move back in until the house is sold? Want to do the right thing but as we both agreed to split i dont feel like i should still be paying for her and her children to stay in the house even though she legally owns half of it 50/50? What do i do? 

AdrianC

You and she each have exactly the same legal right to stay in the property, since you are joint owners.

You and she are both jointly and severally liable for the entire mortgage, as joint borrowers.

Apart from that, this is a relationships question...
https://forums.moneysavingexpert.com/categories/marriage-relationships-families

hippocrates1

Why don’t you move back in? Especially if you’re the one paying. If she doesn’t like it she needs to find somewhere else.

HampshireH

Can she not move into the presumably smaller apartment and you stay in the presumably bigger house? I guess you moving made sense due to space for the kids.

You both have an equal right so you really just need to work it out between you 

Who is paying for the apartment?

You don't need to pay the bills. Let council taxknow you have moved out so it goes into her name.

Cancel utility bills in your name and explain she is there now and liable.

Get a refund on the TVicence etc.

However it's in your best interest to ensure mortgage and insurance is up to date however it's paid.

md258

I'm guessing you weren't married?

Does your partner receive any money from the children's father? If not, should she?

Did you see her children as yours (by the wording of your question, I'm guessing not)? Probably doesn't affect the legal situation but could affect what is the "right" thing to do.

Flugelhorn

are the children actually adults? otherwise who is supporting them? 

Markneath

Your in a much stronger position than if the children were yours, my advice is move back in. Even if its amicable at the moment,  with you gone shes going to be in no rush to leave especially if your helping with the mortgage etc. 

If your not married, then get some agents around and either buy her out or get the house up for sale and don’t let her do the viewings!
Who owns the apartment?