Realise this might be not quite the usual kind of topic, but.....

alison18671

I know this might be sort of abit away from the money saving expert field, but I so need some guidelines and advice here:


Ok, me and my partner have a three bed semi, we have only had it since last August, we have 50/50 on the mortgage etc, so we are both equal.
I have a teenage daughter from a previous marriage and we have a 9month old baby between us.....
He wouldn't argue about the residence of our baby, as he knows she'd be better off with me and her sister, for stability reasons.

What concerns me is this;
can he boot us out of the home?
can he force me to sell, as i need the home for our daughter?
can he demand monies out of the property, forcing me to sell?

Please....any help would be so great, i am worrying myself silly here, and i need to know where i'd stand before me and my bloke do part. I just want to know where I stand as regards our house because of my two kiddies.

Thanks
Alison

G-G_4

Are you splitting up? Your post doesn't really say for sure?

alison18671

Well, it's sort of hovering in that direction yes, I can't imagine it getting any better, so a break is imminent.

Alison

MrsTinks

I would really advise you to get some professional help in this. Are you married to him? I'm guessing not as you haven't referred to him as your husband... That means normal rules don't necessarily apply as to the 50/50 split of the property if you sell see here

However you could go to court and ask for Leave to Occupy property. That means you can live in the house until your child is 18 provided obviously that you can afford to pay the mortgage and bills. His share will diminish as time goes by obviously if he doesn't not carry on paying half the mortgage.
A leave of occypancy will remain in force till the child turns 18 OR you move in a new partner.
Can he BOOT you out? Nope. Infact I'd think it more likely he'd be the one to leave so long as the children stay with you. Does he have parental responcibility of your joint child? I'm asking from a legal aspect here not because you think he'd conteat it.

Can he force a sale? Well yes unless you have a Leave to Occupy from the courts.

The question really is if you are willing to risk turning this split into a potentially VERY bitter legal battle because he will more than likely not be able to get another mortgage unless he earns a tonne of money - at least not till he gets taken off the mortgage.

You do really need legal advise on this one though...

G-G_4

Well, one of you will have to leave.. if the kids are staying with you then I would think that you would stay in the property..

You have to work out if you can afford it though, mortgage, bills, upkeep etc..

You can't expect him to want to stay on the mortgage, or lose out on an equity in the house, so you will have to either buy him out or sell the house and split any proceeds from it.