Advice - joint ownership, nor married, 2 children

[linds87]

Hi

Our relationship broke down over a year ago, after years of trying.

We have been living under the same roof as my ex refuses to move and has no intention of letting me try and take over the house. 'Why should he when it's me who wants to end it'

I'm not sure I could afford to take over the house at this stage but I would like to at least try.

Has anyone been in a this situation? Have you been successful in staying in the house?

As you’re not married I think you’ll only be able to stay in the house if you can

1. buy out his 50% share
2. take over the full mortgage ( assuming mortgage company allows this)
3. or he agrees to allow you

Presume you own the house as joint tenants ?

Have you investigated the possibilities of you getting a mortgage to buy him out, even if he's prepared to sell? If you can't get a mortgage and he's a hostile seller in all honesty it may be time for you to accept that you're going to have to move on. It cant be good for any of you to be living together like this.

I may be able to borrow the amount left on the mortgage but then I would have to raise the funds to give his but of the equity.
Family have suggested they may be able to help.

The issue is can I buy him out if he won't accept it?

The issue is can I buy him out if he won't accept it?

No. If he won't agree to sell the house to you then there is nothing you can do about it. A judge might say otherwise but it might cost you a few thousand pounds to take it to court. Is there any reason you can't buy a different property? How old are the kids?

The children are 2 and 7.
I have no family in the country, I feel safe here, it's a nice area and close to our sons school.

It would be less disruption for them also.

I think there's probably I good chance I may have to apply for a court order.