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Scared to lose house in separation

3 replies

Alf333 · 01/07/2018 19:17

Hi
I have a remortgage with my almost mother in law (not married to her son but as close as). We rented her house and tried to buy but couldn't get as no deposit. Because we had spent money on house and added equity, she agreed to go on remortgage with me so we could buy her ex husband out.
As it stands, she is 65% owner on paper and I am 35% and we have legate for £60000 which I pay. House is worth about £200,000.

I am having real problems with my partner, her son. He isn't working, takes drugs and basically is a bad personal. Tried to make it work loads but we have three young girls and enough is enough. I don't want to lose house and want him to move out but he says we have to sell house as he is owed money. On paper he is only a tenant and not on mortgage or deeds. I haven't spoken to his mum yet but my worry is she will try to force me to sell
Now as I want to leave her son.

What rights do I have? Can I force him to move out? Can she force me to sell? My daughters are 8, 6 and 2. Will that make a difference?

Many thanks

OP posts:
Racecardriver · 01/07/2018 19:21

She can force you to sell but it will take a long time because she will have to go through court and the court often allows a little extra time when children are living in the property. If you are not married then your DP is not entitled to any of your assets including the equity in your house. Unless he can produce a contract of some sort indicating that you owe him money you don't have to give him a penny.

Collaborate · 01/07/2018 20:38

That’s not right @racecardriver. There is every chance the grandmother cannot force a sale.

OP - are you in England/Wales? Assuming you are, the purpose of the “trust” (all property jointly owned is held on trust) was to provide a home for the children. That purpose remains. The court may well give effect to it and delay any sale until the children have grown up.

You need to see a solicitor.

Alf333 · 01/07/2018 21:02

I’m in England.

Thank you for advice. I will speak to her and see what she says and then see a solicitor also.

Thanks again.

OP posts:
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