separation and my home - done something daft

[synlover]

hey all, will try and keep short. Basically I met my partner 6yrs ago after a bad divorce. I had started again after leaving my ex. When my house eventually sold 7 yrs ago I got half. I was buying again however couldn't get a mortgage as I was temping at the time. I met my partner and he got the mortgage in his name with my deposit of 40k.
Things have not turned out good at all. we have a 5yo together and unfortunately we cannot continue like this. I am a little stuck though as the deeds and mortgage are in his name.
Does anyone have any advice on how I can change this? he has paid the mortgage as I have paid childcare. I can't live with him anymore and just need to transfer into my name.
He has also stated that he won't move out until he can find somewhere affordable.
thanks in advance

Can you not get solicitors advice am sure it is free for the first hour. Sorry you are going through this 💐💐. You have a lot to loose and very little for him. In the immediate if you can afford it, I would start paying the mortgage from your bank account to get some control back. I would nip in the bank as well and speak to mortgage advisor. Not much help sorry.....

Did you get a restriction placed on the title? Assume your £40k was the deposit?

thanks all, I am not on his bank account but will nip in his branch to see if they can offer advice.
no restrictions on title, I was/am a bit clueless on mortgages/deeds etc. I just wanted the house and had a deposit, I just couldn't get a mortgage so it is all in partners name unfortunately.

You’ll presumably have bank statements that show you had the money in your account and where it went. Perhaps take this paperwork with you to a solicitor.

Not ‘where’ it went so much as when. It would help if you get paperwork showing when the property was purchased (even if it’s from the estate agent if you can’t get any other paperwork)

You made a transfer from your account on the day of exchange? You need evidence of this from your bank. If you are not married you have no claim. You do have a child together though and you need to have a home rights notice registered against the property immediately. A solicitor can do this for you relatively cheaply. The land registry fee is £40. If you spend a couple of hundred pounds now to get your £40k protected this is money well spent. Once the restriction is on the register he will not be able to sell without your permission. (I.e. you want your £40k back from the sale proceeds)

really all I want is my house in my name ..... mortgage and deeds.

At this point in time it is his house and you are entitled to nothing. Please see a solicitor ASAP. This isn’t going to change unless you act

He has paid the mortgage and you are not married.
You need legal advice.

If you’re not married you have no legal claim to the property and so if your ex refuses to sell the house and return your money you would have to take him to court to try to prove that you paid the deposit ...... however when I was seperating from my ex the lawyer I saw warned me that these cases can be very lengthy and cost a huge amount of money. He advised me to try my best to resolve matters with my ex - it took some months but we eventually ground out an agreement

Dear God, what were you thinking ?