how do I buy out my abusive ex partner?

Mscp

If anyone could possibly give me some guidance on my current situation I would really appreciate it. 

I co own my property with my ex partner and we both put in an equal amount of the deposit each in 2021. 

 I had been going through domestic abuse/violence with my ex partner on and off for 2 years. A serious incident happened which involved me and my son resulted him going to prison for 23 months and The cps has placed a 10 year restraining order against him stating that he is no longer to have contact with me or my son or to attend the home address despite that he co owns half of the property. 

I am currently still living in the home with my son. I don’t know where I stand in terms of the house. Were the restraining order stands, and because he owns half the house can he still come to the address when I am not there when he is released or try to occupy the house?.  I have been paying consistently for over a year now on my own including bills. 

The house is based in a jointly salary so I am not sure how I go about buying him out. Can I arrange a structured payment plan to remove my ex partner from the mortgage? 

I am on what to do if he refuses to be brought out? Can he buy me out while he has a 10 restraining order? Do I need a court order to remove his name from the house? 

Hoenir

To break the ties. Sounds as if you need to sell the property , divide the equity, then start afresh. 

ian1246

The restraining order will have set conditions - hopefully one of them will have a condition with regards to attending the address, which will cover his attendance at the address regardless of whether your home or not. Consider investing in cctv/ring door bells.

I would take urgent advice with regards to the housing situation. If it's his first proper imprisonment and he has good behaviour, he could be out in less than 12months - take advantage of his being in prison to get everything sorted.

Unfortunately, I suspect your going to probably have to sell. Presumably the son is just yours & not his (from how you've worded it?) - so he owes no obligation to supporting yourself moving forward and despite criminal convictions, would be entitled to his share of the property - ultimately if he forces the issue, he probably would get a ruling to sell.

Your probably going to need to buy somewhere you can afford on a single income.

If not - speak to your social worker about a housing solution. Being a High Risk DV Victim with a son who's also been victimised should mean your an urgent priority - especially if you highlight the ongoing risk he may pose to you. Much better to get an alternative address which he has no knowledge of.

The only other possible solution is remortgaging with someone else - parent, sibling or new partner?

elsien

Buying him out would involve remortgaging in your own name and giving him his deposit back plus his share of the equity.
Although you may be paying the mortgage on your own now that does not mean you will meet the affordability criteria for a new mortgage just on your salary. In which case selling up is the only option. 

Being a convicted criminal does not remove his entitlement to his share of the property and he will need that when he is released.

Fighting it out in court will be extremely expensive. You need to avoid that if you possibly can. 

Yorkie1

If you do go through with trying to sell the house etc., it would be advisable to have a solicitor through whom all contact can go.

I suspect that the Restraining order will say not to have any contact, whether direct or indirect. It is possible to ask for the order to be varied so that contact can be with your legal representative for the purposes of the house sale, for example. The precise wording of the RO will be what matters.
https://www.cps.gov.uk/legal-guidance/restraining-orders

Jemma01

Sorry you've gone through all this. Sounds horrific.
I don't think you'd want to live at that address even if there is a restraining order. Maybe you'd want to downsize to buy a flat you can afford?