Relationship breakdown - Property advice needed

I’m seeking some advice as to where I stand.
Me and my girlfriend are currently going through a split. We have lived together for the last 5 years, I paid the initial 10% deposit on the house and I’m the only one named on the Title Deeds and the outstanding mortgage. They have a child who’s 14 from a previous relationship who also lives in the house, I have recently moved out into a friend’s house until this is resolved. We have both contributed to the bills equally throughout that time.
The house is valued at 280k and the outstanding mortgage debt is 208k.
The options I can think of is either one of us buys the other out or the house gets sold. I would accept to being bought out of the property however she currently has some debt and a bad credit rating so that doesn’t appear to be an option. I have the money to buy her out however she says she cannot find anything she can afford of the same standard and doesn’t want to move. The other option of selling is also one they do not wish to entertain.
What rights do I have given the situation and what is the first step to move this along? Thanks
Comments
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I can't comment on the legal stuff, but I would not have moved out of your own house. I would advise moving back in (do you have a spare room?) as soon as possible. I get that you may be a decent person who doesn't want to kick them out onto the street, but you also need to make things easy for yourself as you are the one with the mortgage and therefore you carry the responsibility and the risk. It's sad to say but your ex should have a back-up plan, knowing that her name wasn't on the mortgage. After all, she could say that there's nowhere suitable to live for the next 3 years, will you still be staying with your friend then? She may not want to move, but that's life. I feel the longer you let her live there, the harder it's going to be. Can you ensure that she gets in touch with the council; I believe if she has a child it might be easier to get social housing
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ButterCheese said:Can you ensure that she gets in touch with the council; I believe if she has a child it might be easier to get social housing
It's your house, absolutely for legal reasons you need to be living there, otherwise I think she becomes a tenant0 -
you are not married
the house is in your name
she will have a beneficial interest if she has paid toward the mortgage (not just bills), but would need to go to court to claim that - in practical terms she probably cannot afford that
Move back in, agree what she has paid in and get a loan to give her that back.
Her housing is, frankly, not your problem.2021 GC £1365.71/ £24001 -
BrassicWoman said:you are not married
the house is in your name
she will have a beneficial interest if she has paid toward the mortgage (not just bills), but would need to go to court to claim that - in practical terms she probably cannot afford that
Move back in, agree what she has paid in and get a loan to give her that back.
Her housing is, frankly, not your problem.
You're going about this completely the wrong way. Your ex has little right to live in the house at all, with or without her child. We have once seen an occupancy order issued, for a woman who was pregnant and had another small child.
She may have the right to an amount of compensation to anything that she contributed directly towards the mortgage. But even if she took out a loan for improvements, that might only be repayable when the house was sold, based on a friend's experience.
Move back in. If you can afford it, offer to pay the deposit and a few month's rent on a 2 bed flat, or even 1 bedroom. Going forward she's got far more chance of social housing going from a tenancy than a home owned by her ex partner.If you've have not made a mistake, you've made nothing1 -
RAS said:BrassicWoman said:you are not married
the house is in your name
she will have a beneficial interest if she has paid toward the mortgage (not just bills), but would need to go to court to claim that - in practical terms she probably cannot afford that
Move back in, agree what she has paid in and get a loan to give her that back.
Her housing is, frankly, not your problem.
You're going about this completely the wrong way. Your ex has little right to live in the house at all, with or without her child. We have once seen an occupancy order issued, for a woman who was pregnant and had another small child.
She may have the right to an amount of compensation to anything that she contributed directly towards the mortgage. But even if she took out a loan for improvements, that might only be repayable when the house was sold, based on a friend's experience.
Move back in. If you can afford it, offer to pay the deposit and a few month's rent on a 2 bed flat, or even 1 bedroom. Going forward she's got far more chance of social housing going from a tenancy than a home owned by her ex partner.
Move back in and tell her she is moving out.
Help her with a deposit if needed to speed things along but if she wants to claim anything else let her make that move and respond when it happens.
It's your house!0
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