not married no children together selling house

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? 

pinkshoes

You both have equal rights as the kids are not yours.

What do you WANT from this?

I would suggest working out how much equity is in BOTH properties, and therefore how much you will need to buy her out of her share.

In the mean time... she needs to be paying HALF the mortgages, plus all bills for the property she is living in. I suggest that you put this in writing for her, and make it clear that as she is unable to pay it at the moment, then you will pay it on her behalf, and this money will be deducted from her share when you buy her out/when the property is sold.

She cannot just live there rent free. You have no responsibility to keep her. The payment for the children is the responsibility of their own father, not you.

thorsoak

How long have you lived together?   Have you supported her children or does their father(s) support them?

andrew1111

There fathers pay a small amount of maintainance of £150 for one and £225 for the other one, other than that i have paid the mortgage in full and council tax for it.

pinkshoes

andrew1111 said:

There fathers pay a small amount of maintainance of £150 for one and £225 for the other one, other than that i have paid the mortgage in full and council tax for it.

In which case I would keep paying the mortgage, and then half of the mortgage payments will be deducted from her share when it is sold or you buy her out.

She is responsible for all bills including council tax now.

What does she WANT to do? Obviously she cannot be expecting to stay in the property permanently... Is she happy to leave if you buy her out? 

Personally I would sell the main residence where she is living, then after selling fees give her her share of both properties from the sale. You can then both move and with your lives, and you can live in the apartment which she will no longer own half of.

[Deleted User]

andrew1111 said:

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? 

Even if the children were yours that wouldn't automatically give her the right to continue residing in the property.  If your ex can't afford the mortgage payments then it is safe to say she can't afford to buy you out of the main house.  Can you afford to buy her out?  Do you even want that or would you rather get shot of the property altogether? 

What about the smaller property you now live in?  Do you want to buy her out of that property, sell it, could she buy you out with the help of her share of equity for the sale/buy-out of the larger property?

What does she want?

TBagpuss

I would suggest that you discuss it with her - the obvious way forward would be for her to agree that if you continue to pay the mortgage until the house is sold, that she should then reimburse you rom her share of the sale proceeds, for her share of th mortgage. Put this is writing as it is not automatic. 

It would be sensible for her to take over payment for all of the bills immediately.

Do you want / can you afford to buy her out, or do you want the house to be sold? If you want to buy her out, can you get a large enough mortgage? How quickly can you raise it? It sounds as though she can't really afford to move out until she had her share of the money from, the house, so if you want to move back in, perhaps you could look at an agreement where you advice her some money, y way of a loan repayable from the sale proceeds, to enable her to move to rented accommodation? 

andrew1111

She cant afford the mortgage as she is now trying to get benefits, so she will really have to move out and ill move back in, but she cant afford to do that so i dont know what to do, ive paid so much and given so much and spoke with her a few times before finally calling it a day, she say with me and said were both not happy so lets call it day. I left and now feel like I am no longer financially responsible for her and her kids. That stops as soon as i leave, the kids have different dads so they need to step up and be responsible. It really isnt my problem. However i wont see them homeless so selling asap is the only option

thorsoak

Are both the properties in joint names, or are they both in your name?   There is a crucial difference.

andrew1111

Joint names

thorsoak

How long have you lived as a couple?