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Legal matters

Can exp put restrictions on me in agreement to come off mortgage?

9 replies

Woodywoodstock · 02/07/2012 14:54

My exp has agreed to me buying him out of our house but has said he wants some assurances before he agrees to sign. I have a feeling it will be that I can't let anyone move in because he is concerned I will bring another man into our sons life. This is not a option at the moment anyway but I don't like the idea that he could put restriction on me.

This is the reason I'm agreeing to do this, so I can stop him interfering in my life and walking in when ever he chooses.

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OldLadyKnowsNothing · 02/07/2012 16:35

Once you have bought him out, he will have no say in what you do with the house. How could he possibly enforce any assurances you give him anyway? Say/do whatever you need to, then forget him.

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Woodywoodstock · 02/07/2012 16:59

We have our first mediation session next week and said he will need some assurances before he signs. Can he ask that such assurances be put in a parenting plan?

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Collaborate · 02/07/2012 17:55

Maybe he means assurances that he'll definitely be removed from the mortgage?

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OddBoots · 02/07/2012 18:00

You need proper legal advice, I believe he can have a co-habitation clause if you make a Mesher Agreement/Order which allows you to keep the house (including his share in it) until various trigger points including the children reaching a certain age and the like.

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Woodywoodstock · 02/07/2012 18:01

No he's seen the paper work and is happy with that

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holidaysarenice · 03/07/2012 01:48

He can stop someone moving in whilst he pays any bills, including mortgage.

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Collaborate · 03/07/2012 07:44

No he can't, although he can only be forced to pay maintenance at CSA rates.

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Woodywoodstock · 03/07/2012 09:20

He is coming off mortgage and I will take on all bills. He is recently unemployed so Not really getting any maintainance. I did ask him if he would consider giving me some out of his half of the house equity as he won't be giving me maintainance (possibly £5 per week csa) but he refused and I don't think I can force that.

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Collaborate · 03/07/2012 09:23

That's right - it can't be forced. What you should do is execute a deed of trust, so that in the event he becomes insolvent you will be protected from his creditors.

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