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Legal matters

Separating from my partner, where do I stand?

3 replies

Pajamas · 02/03/2012 10:27

I'd be really grateful for some advice on this...

We've been together about 3 years, bought a house together last year. We put down equal portions of the deposit and have paid equal shares of the mortgage every month. There is one DC involved, not his biological child.

We have split up, as the relationship just wasn't working for many reasons, and I really need to move out of the house with my DS to get our own space. However, he has claimed that since I signed the mortgage agreement I have to keep paying even if I move out, and there is no way I can get out of this. I wouldn't be able to afford to rent somewhere as well as keeping up the mortgage payments.

Is this claim true? If so, is selling therefore the only option? Would I be able to force him to sell? We are tenants in common.

When he's less angry he says that he will take over all payments and let me move out. Even if this happens, though, my share of the deposit would still be tied up in the house.

What are my rights in this situation? Do I have any? I know now that I rushed into buying this house and am regretting it, too late though ....

Thanks for any advice anyone can offer, sorry for the long post, just at my wits end at the moment and desperate to get out.

OP posts:
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Collaborate · 02/03/2012 11:37

Move out. Stop paying towards the bills, including mortgage. Close all joint accounts and get your name off any utility accounts. Arrange to put the property on the market for sale. Speak to him about it. If the mortgage is repayment, think about converting to interest only until sale, though your credit rating may be affected. He should pay the mortgage interest if he stays there until sale, but if he pays the capital too he will get that back on sale.

If he refuses to sell the house, that's when you need to see a solicitor.

You may qualify for some (or more) tax credits on separation.

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cestlavielife · 02/03/2012 14:26

you are both lible for mortgage and if a payment isnt made it will affect your credit rating.
assuming he could afford to pay it - move out adn tell him to pay th mortage as occupational rent.

as collab said, out hosue no market.
if he refusing to sell then you can get court order for sale under TOLATA -this takes time but can be done

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cestlavielife · 02/03/2012 14:26

put house on market i mean

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