Can he throw us out? I'm freaking out.

[bofski14]

Posted in legal and relationships but not getting anywhere. Can someone please, please help me?

Long story short - not married. Ex and I bought an 80k property in 2013 joint mortgage/deeds with joint tenancy. This was supposed to be our "forever home" for our family. 63k is owing on it. ExP paid the deposit and fees and has been the breadwinner. He earns £40-50k a year. I am a SAHM as I gave up my career to raise our 2 year old DD. I also cannot work as I have mobility problems for which I receive PIP but this is only guaranteed until Jan 17 then I have to reapply. This equates to £12k in total that I have put in. Plus I receive child benefit at £70ish a month.

He's been abusive and I've asked him to leave. Yes, it's that bad I would rather be on benefits than have his money.

Been to CAB today who have advised me I can get Child Tax Credit, Income Support, Council Tax Benefit and msintainence for our daughter from him. Possibly help for some of the mortgage. There is 15k in savings which he earned but is in my account because he gambles. He wants to split this NOW and buy me out in 3 months. I said no as I don't want to make any hasty decisions.

I've booked to see a solicitor on Saturday but can't wait until then. My question is - can me and our daughter stay here as long as we make the mortgage payments? I've heard of people being able to stay in their homes until their child is 18. Is that just a myth? And would the mortgage company let me stay here alone because my only income would be benefits and child msintainence. It would cover the payments. I've heard of SMI to pay the interest on the mortgage. I think with help I can manage but am I ALLOWED to stay with our daughter?

[Lonecatwithkitten]

There are so many variables what does your deed of tryst say about home ownership, would he have to stay on the mortgage for you to continue in the property, would the mortgage company include benefit payments as income etc.
Staying in the house is usually subject to a Mescher order which is normally part of a divorce settlement. Honestly you have far less protection compared to if you had been married.

[bofski14]

Yes I realise that. He said he would marry me before, during and after my pregnancy. Guess he never got around to it.

[Lozza1990]

Ask a silicitor

[charlybear7]

He can't buy you out if you don't agree, he'd have to take you to court and force the sale of the house. The judge will not make you and your child homeless. You can claim under the children's act. If there was enough equity unit for you to buy on your own then it would be sold. If not then you'll have to prove you can afford the mortgage repayments etc and should get to stay in the house. Then somethings g would've written up as if you remarried then the house would be sold etc! Hope that helps X

[MissFitt68]

Is he going to happily move out? Or is he staying put?

[bofski14]

Thank you. He's moved into his mams at the moment. We both are clueless as to what to do next.