Can anyone help me out?

10 replies

Nofans · 31/12/2020 23:23

I’m not sure if this is the right place to post, but I need advice.

A couple, cohabiting, not married decide to separate. They have a house and mortgage together and own it equally 50/50. They also have a child together.
What can be done in terms of the house if one of them wants to stay there? Or do they need to sell up and split it 50/50? This is all new to me and I’m scared, I don’t know how to go about this.

OP posts:

BlueThistles · 31/12/2020 23:26

a Mesher Order is what I think you maybe need...

however I'm not 100% sure how it works.. someone will be along soon I'm sure OP 🌺

gobbynorthernbird · 31/12/2020 23:31

Can the party who wants to stay afford to buy the other out? If not, you'll have to sell.

Polly111 · 31/12/2020 23:47

I think if not married then you are each entitled to the share that you own. You can either sell and split the proceeds or one buy the other out.

ivfbeenbusy · 31/12/2020 23:56

Mesher orders are rare. And anyway you'd have to pay the full mortgage under the Mesher - the party leaving the house isn't expected to contribute towards costs so if you can't afford it then the house will have to be sold

Original poster

Nofans · 01/01/2021 00:32

Thanks for answers so far.

Is it possible that one party moves out and the person staying in the house pays rent to the one who has left? I hope that makes sense.

OP posts:

gobbynorthernbird · 01/01/2021 00:40

OP, do you mean that you pay your half of the mortgage, and your ex pays their half but covered by rent from you? It potentially could happen, by mutual agreement, but could get very messy.

HeddaGarbled · 01/01/2021 00:54

Is it possible that one party moves out and the person staying in the house pays rent to the one who has left?

Only if the person who has moved out agrees and only for as long as they agree to it. At some point they’ll want their half of the equity in the house so that they can buy a home of their own.

Workyticket · 01/01/2021 00:57

That would be unbelievably messy (and housing benefit wouldn't pay it if that's a concern)

I'd rip the plaster off and sell it.

Original poster

Nofans · 01/01/2021 10:34

Thanks for the replies. I really don’t want to sell it unless we really have to as it’s a really nice house in a decent area around here and has lots going for it. It’s a great place for our two year old to grow up in. Which is why we formulated this idea of the one who had moved out is paid rent by the one who stays...at the moment it’s just an idea.
Things are amicable and civil between us, and we both want the best for our son, so it could potentially work.

OP posts:

gobbynorthernbird · 01/01/2021 10:59

Who would maintain the house? What happens when one or both of you meet someone else? Has the one who will leave got enough savings and credit to stay on the mortgage but still but their own place?

Honestly, I can see this arrangement ending very un-amicably. Sell the house and you both have a clean break.

Flip