Joint mortgage and separation

[stodge2406]

Have joint property and mortgage with ex partner. Never married, and have 8 year old - she also has 14 and 12 year olds from previous marriage.

House and mortgage is in joint names, approx value £155k and £95k mortgage owing. I have always paid all mortgage, and still do even though i moved out a while ago.

Currently living with parents as cannot afford half of existing mortgage plus maintenance plus rent on own place. I would like to sell property to release my equity but ex doesn't want to because of children, and because she wouldn't be able to buy anywhere else as could not get mortgage.

She would like to have mortgage and property in her own name which would suit me, but she cannot get a mortgage in her own name as her earnings are only £11,000 - she also gets about £13k from child benefit/tax credits, and £3,600 maintenance but cannot find a mortgage company willing to lend to her based on this.

I have told her that i would accept £20k now instead of my 50% share of the equity (£30k), but in reality i would agree to wait until daughter reaches 18 before she needs to pay me any equity provided that she gets a mortgage in her own name.

Ex has said that if she cannot get mortgage in her own name, she will pay all mortgage until daughter is 18 which would enable me to rent my own place. However, i would rather buy but cannot whilst i am named on the mortgage.

Any advice would be appreciated.

You may be stuck with that. She can ask the court to postpone the sale of the house while it's still needed as a home for your child. If she can prove she can't rehouse the child anywhere suitable if she sells and takes half the equity, but she can still afford to pay the existing mortgage on her own, you'll be stuck with it until your daughter leaves school. Look at the numerous threads in "legal" about Schedule 1 of the Children Act.

I don't know why you're not getting her to pay the mortgage now TBH.

Thanks for your reply, which confirms my thoughts really.

Things are amicable between us and i want them to stay that way for our daughter's sake, so not interested in trying to force a sale.

Looks like the best I can hope for is for ex to pay all mortgage until daughter leaves school, then for house to be sold. I wouldn't be able to buy a house, but at least i would be able to afford the rent on my own place.

i think it would be advisable to get some sort of agreement drawn up - which states that she takes on the mortgage etc and that house will be sold in x number of years and at what % each of you are then are due then.

I think you also need to think about what happens if she meets someone else and he moves into this house? What happens then? he lives rent free while you cannot afford to buy a house?

Its great that you are amicable and i wouldn't suggest you spoil that but its in both your interests in my view if you can get some agreements in writing so there is no scope for ambiguity later.

I'm not a lawyer but in my experience (with friends and family) when money starts being mentioned things have a tendency to cause arguments........

Thanks toosoppy.

I definitely intend to obtain a signed legal agreement specifying how much we will each receive, when etc. Ex has previously indicated that she would be willing to sign up to a 50/50 split of the current equity and that I would be paid this either when daughter reaches 18 or if she re-marries before then.

She said that she wouldn't sign any agreement stating that i would be paid my equity upon someone else moving in, as this would stop her moving on apparently. However, I would want this in the agreement so could be an issue.

Not sure what would happen if we could not agree on this point - guess I would have to back down?

We are still trying to find a mortgage provider willing to lend ex enough to release me from the mortgage, even if i do not receive any equity until a later date. Not hopeful though.

Normally, if this were a court order within divorce, the order would specify that the property would be in trust until the youngest child finishes secondary education etc etc or until further order.

This would allow the one excluded from the house the opportunity to apply back to court for an earlier sale if circumstances change, eg she comes in to some money, or moves a partner in.

Moving a partner in doesn't necessarily mean the house would be sold. What if he's unemployed?

We are not married, so my understanding is that she does not have any other claims against me apart from maintenance (which is not an issue).

Would the same apply re court order "until further notice" given that we are not married?

Also, would i legally be able to ask ex to pay all the mortgage given that it is joint? What happens if she refuses to pay?

Thanks