Help!!!

[katt1]

Hi all, am looking for advice in relation to my rights-- My partner and I split up about 8 months ago. We have 4 children and I still reside in the home.
I have always been a full time mum and have never worked or contributed financially towards the home or morgage.
The house is my ex partners and he is the sole owner. He has been paying the morgage since he left however has now told me he has no option but to sell as he can not afford the morgage, rent for himself and maintanance and has been setting up viewings which has obviously caused upset.
Can he sell the property? Can I do anything to ensure he keeps on paying the morgage (I can not afford it) can I apply for a right to occupy notice? Even though we were not married.
He has said that he will have no option but to not pay the morgage as he physically can not afford it. Can he do that?
I am in need of advice please.
Sorry about the rambling questions.
A very worried mum. X

[Rockchick1984]

If you don't work then you would get housing benefit to pay for you to rent a property. It would hardly be fair for him to have to pay for 2 houses plus maintenance, could you not use the maintenance to pay the mortgage if you're so desperate to stay there if he's willing to keep it in his name?

[prh47bridge]

You need to see a lawyer who specialises in family law urgently.

[Penguinttc]

Why don't you move out and rent with your housing benefit entitlement,and then let him move back in, then he can pay the mortgage, and sell if when he chooses too. You still have roof over your head, and maintenance for the children, and the house isn't lost to the bank?
It's not your home, it's his. Move on, it will be good for you to get some independence too my the sounds of it.

[STIDW]

Actually although the property may belong to her partner he doesn't live there and it isn't his home any longer but it is still OP's and the children's home. Depending on the circumstances the partner may be required to make available a property to house the children during their dependency. As advised above OP needs to see a solicitor PDQ before the property is sold to find out where she stands and what options there are.

[millymolls]

Im not a lawyer so am not going to try to advise on that, just suggest you see a solicitor asap.
However, unless he is very wealthy (and it doesn't sound like it) i do think on a practical level you need to understand what your options are and where you go from here. You need to think about how you can support yourself, getting into work with help from benefits/tax credits etc. Clearly, as you are no longer together it would most likely be unrealistic to assume he can keep up payments on this house and maintenance /support you not to work indefinitely.
He will need to pay you 25% of salary i think (check this) as child maintenance as well.