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Help with end of relationship

14 replies

MarthasGinYard · 11/08/2019 08:12

My DP has ended our 12 year relationship we are not married we have 1 Dd who is 9.

We have a property, joint mortgage and joint title deeds.

He is saying he wants to discuss dc and I moving out, but for so many reasons I don't want to.

I read somewhere I could apply to the courts under the children's act to stay in house with dc until she is 18 but not having a legal clue what this would entail, cost and even if it's a possibility.

Not being married I know we have little interests in any of his finances, but he has savings and investments worth around 250,000 a huge pension pot also. I literally have a few thousand savings.

He works full time as a relatively high earner and myself part time since having dc. Our jobs are both irregular hours so I'm the main childcare.

I think we owe around 110,000 on mortgage

Deposit put down was 50,000

House purchased for 195,000

Now worth around 250,000

I would be so hugely grateful if anyone could shine a light on what I have to do next.

Many thanks

OP posts:
MarthasGinYard · 11/08/2019 08:22

Also I'm aware I'm personally not entitled to anything but equity in property etc. I'm assuming he has to support our dc and I'm hoping he will still pay school fee's etc.

I don't think for a second he wouldn't, but I'm not naive enough to think that couldn't change.

Also he has solely paid the mortgage and put the deposit down but I have obviously contributed hugely financially and practically In many other ways.

Can he use that against me to give me less?

So many questions 😩

Thank you for taking time to read.

OP posts:
SusieSusieSoo · 11/08/2019 08:40

Go & see a family lawyer op and get some proper advice before you do anything x sorry you're in this situation x

MarthasGinYard · 11/08/2019 08:46

Thanks susie

OP posts:
Windygate · 11/08/2019 08:53

Having read your previous post I can truly understand that you both have a huge emotional tie to the house. Would you consider having your late DC re buried in a more neutral place?

You need legal advice but a 50/50 split is likely and it sounds as though he could buy you out. Maybe a fresh start might be best.

MarthasGinYard · 11/08/2019 09:09

Oh Windy thank youThanks

I'm not sure what will happen but I know he would care too about it.

Well the man I knew and loved for all those years but not sure about this new one he's becomeSad

OP posts:
Walkmehome · 11/08/2019 09:13

I would say it’s not likely you can stay in the house until dc is 18 if you can’t buy him out and afford the mortgage on your own.

Get legal advice though as everyone’s circumstances are different.

MarthasGinYard · 11/08/2019 09:14

I know I'd certainly have to contribute just was hoping it may be an option.

OP posts:
MarthasGinYard · 11/08/2019 13:38

Bumping for any legal eagles who may have a minute to look.

Thank you

OP posts:
Collaborate · 12/08/2019 07:41

Application under the Trust of Land and Appointment of Trustees Act together with/or an application under Schedule 1 of the Children Act will determine whether you get to stay in the property. Whether you will get the order or not depends on a number of factors. One of the main ones is affordability, so if he's sitting on a pile of cash such that he can pay off the mortgage and still have enough to buy a house for himself affordability is not an issue.

Speak to a solicitor.

MarthasGinYard · 12/08/2019 07:42

Collaborate

Thank you

OP posts:
MarthasGinYard · 12/08/2019 07:44

Collaborate

Huge thanks

Would it be good to get copies of documents pertaining to his assets?

I read somewhere that photographing them is not a good idea.

OP posts:
MarthasGinYard · 12/08/2019 08:12

'Application under the Trust of Land and Appointment of Trustees Act together with/or an application under Schedule 1 of the Children Act will determine whether you get to stay in the property. Whether you will get the order or not depends on a number of factors. One of the main ones is affordability, so if he's sitting on a pile of cash such that he can pay off the mortgage and still have enough to buy a house for himself affordability is not an issue.

Speak to a solicitor.'

Good news this gratefully just came in from my thread on legal.

Drs today and am going to sort appointment with solicitor.

OP posts:
MarthasGinYard · 12/08/2019 08:13

Whoops Blush
My wrong thread

OP posts:
MarthasGinYard · 14/08/2019 09:15

I have solicitors free half hour on Tuesday thank you

OP posts:
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