Separation with children - unmarried

lesae

Hi all
Going around in circles and need some help! Here's the situation.
Separating from partner. We have a joint mortgage and 2 children. She wants to stay in the house and is looking to buy me out. The bit that is confusing me is if she can do whatever it is to make me unable to come off the mortgage until the youngest is 16? I am not sure what it is called sorry! If this is the case, how do I even get another mortgage if everything is tied up in that house?
There will be no issue with child support payments and they will be made so it's purely the house that is confusing me. 
I've tried Google but am going around in circles! Hope this makes sense.
Thanks in advance 

x_raphael_xx

Surely if she is buying you out then she is taking on the sole mortgage?

dimbo61

Best to speak to a family solicitor ?
Can she afford to  take on the new bigger mortgage with her income?
Are you wanting  some of the equity in the property  ?

_Penny_Dreadful

lesae said:

Hi all
Going around in circles and need some help! Here's the situation.
Separating from partner. We have a joint mortgage and 2 children. She wants to stay in the house and is looking to buy me out. The bit that is confusing me is if she can do whatever it is to make me unable to come off the mortgage until the youngest is 16? I am not sure what it is called sorry! If this is the case, how do I even get another mortgage if everything is tied up in that house?
There will be no issue with child support payments and they will be made so it's purely the house that is confusing me. 
I've tried Google but am going around in circles! Hope this makes sense.
Thanks in advance 

You’re possibly thinking of a Mesher order which would allow someone to continue living in a property until the children are grown up. A Mesher order can be issued as part of divorce proceedings but as you are not married there can’t be a divorce and therefore there can’t be a Mesher order. 

Your partner seems to want to buy you out and for her to do that means getting your name off the mortgage and deeds otherwise she won’t have bought you out. 

lesae

x_raphael_xx said:

Surely if she is buying you out then she is taking on the sole mortgage?

Yes she is but it's the mesher order that someone else mentioned that is what was confusing me. Clearer now!

lesae

dimbo61 said:

Best to speak to a family solicitor ?
Can she afford to  take on the new bigger mortgage with her income?
Are you wanting  some of the equity in the property  ?

I think that's what I need to do. I don't think she can but has made no steps so far to find out. Yes she will be buying me out so money will change hands but she is getting this from family.

lesae

_Penny_Dreadful said:

lesae said:

Hi all
Going around in circles and need some help! Here's the situation.
Separating from partner. We have a joint mortgage and 2 children. She wants to stay in the house and is looking to buy me out. The bit that is confusing me is if she can do whatever it is to make me unable to come off the mortgage until the youngest is 16? I am not sure what it is called sorry! If this is the case, how do I even get another mortgage if everything is tied up in that house?
There will be no issue with child support payments and they will be made so it's purely the house that is confusing me. 
I've tried Google but am going around in circles! Hope this makes sense.
Thanks in advance 

You’re possibly thinking of a Mesher order which would allow someone to continue living in a property until the children are grown up. A Mesher order can be issued as part of divorce proceedings but as you are not married there can’t be a divorce and therefore there can’t be a Mesher order. 

Your partner seems to want to buy you out and for her to do that means getting your name off the mortgage and deeds otherwise she won’t have bought you out. 

I think that is what I have read out but yes we are not married and so it's good to know it won't apply. 
Yes, she'll be doing that if she can get the mortgage but that is the other issue unfortunately as she is not making many steps to find out what she can do despite me trying to help.

user1977

Either she's buying you out or she isn't. First step is to figure out whether she can - if so, that's a clean break and you'll be off the mortgage.

lesae

user1977 said:

Either she's buying you out or she isn't. First step is to figure out whether she can - if so, that's a clean break and you'll be off the mortgage.

She's planning to and I know that. Unfortunately she is kicking her heels doing anything.
I know about the buying out side, the question I had was more around wherever she could hold me to have to stay on the mortgage and keep the house until my youngest is an adult. But this looks like it is the Mesher other that someone mentioned but we are not married.

sammyjammy

Are you still living in the house?  If not I would suggest moving back in, that might speed up the process.  Have you had a formal valuation?  Might make things easier.

user1977

lesae said:

user1977 said:

Either she's buying you out or she isn't. First step is to figure out whether she can - if so, that's a clean break and you'll be off the mortgage.

She's planning to and I know that. Unfortunately she is kicking her heels doing anything.
I know about the buying out side, the question I had was more around wherever she could hold me to have to stay on the mortgage and keep the house until my youngest is an adult. But this looks like it is the Mesher other that someone mentioned but we are not married.

Well, if she does nothing about it, that's not going to happen either, and you'll just stay with the status quo.