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House? What do I do?

(10 Posts)
Hurtandconfused2016 Fri 08-Jul-16 15:24:32

Okay so me and ex broke up in January.
We aren't able to sell the house until September so the way it was working was that he would pay the mortgage I would pay the utilities.
Neither of us have been living in it since. I had a csection in March to have our daughter. We also have a young child. I moved back into my parents to get help. I applied for council houses not realising it would take 3-4 years min to get a house. I have since went thru my finances to realise I could afford the house on my own but I can't buy him out not right now anyway. Am I able to keep the mortgage until me and the children can get a council house?
Living with my parents I can't keep doing as there isn't enough room for us.
I wouldn't ask him to pay anything towards the house.

Also if he was to demand I bought him out of the house how does that work? I am so unsure of the whole process

Kr1stina Fri 08-Jul-16 15:29:05

I'm sorry to hear about your situation, it sounds very hard.

Can I ask if you and your ex are married ? And is he the father of both the children ?

Do y have a job ? Do you both own the house ?

Who is living in the house right now ?

Hurtandconfused2016 Fri 08-Jul-16 15:33:24

No we aren't married. Yes he is both kids father.
I do have a job I went part time to care for the children he was the main income I was the main carer for the children.
Yes we are both on the mortgage we have only had the house 2 years in September.

No one the house has been empty since Feb when I moved out to have the baby.
I may add that we are currently going thru lawyers to get him to see the children. So we aren't on speaking terms.

Familylawsolicitor Fri 08-Jul-16 15:37:25

There is a possibility you could keep the property for a period of time to house you and the children. You should get legal advice regarding schedule one of the Children Act. Is there any possibility you can release him from the mortgage and take it over in your name, as keeping the mortgage in joint names may be a sticking point. If the mortgage company will allow you to take over the mortgage the house could possibly be transferred to you and he have his share at a later stage when you can rehouse the children. Essentially schedule one is borrowing all or some of his equity for a period of time to allow the children to be housed but you will need structured legal advice considering all the circumstances.

Hurtandconfused2016 Fri 08-Jul-16 15:52:00

The mortgage company won't allow me to take over the mortgage myself unfortunately.

MrsBertBibby Sat 09-Jul-16 14:53:14

There's a good chance the Court would let you stay, until the kids reach 18, and then he gets his share. You need to get proper legal advice, but under Trustsvof Land & Appointment of Trustees, the Court can delay sale for children. Also, Sch 1 Children Act, as above.

Won't be necessary to get his name off the mortgage.

Hurtandconfused2016 Sat 09-Jul-16 15:02:23

I have a lawyer I just can't see her until August. I just wondered if anyone had done it.

Thank you so much

cdtaylornats Sat 09-Jul-16 15:25:14

You need to check your insurance policy - if anything happens they might not pay out if the house has been empty.

OlennasWimple Sat 09-Jul-16 15:29:12

Would the mortgage company let you take it over taking into account CM payments from your ex as well as your income?

Hurtandconfused2016 Sat 09-Jul-16 15:41:52

Yeah my insurance is okay it seems my lawyer looked into that.

No unfortunately not they said they aren't willing to take one person of the mortgage at all even my ex wouldn't be able to take it over from me

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