Unmarried mum needs help and advice please

[Hackers79]

Hello,

I am unmarried and have a 4 yr old daughter with my parter. We have separated, but jointly own a home together. We have joint mortgage and we are both on deeds.

He wants to sell the house, so he can get his money and buy somewhere else. My daughter just about to start school. Do I have any rights to stay in the house or do I have to just sell?

Although I could pay mortgage on my own currently, I couldn't take the mortgage on myself has it would need to increase to release his share.

Despite being devastated about the whole situation, I'm not panicking.

I know I'm going to have to go to solicitor, but if anyone has any valuable advice or find themselves in the same situation, please do reply.

Thank you.

I was married but only earned £9k a year when this happened to me. managed to geta mortage with cheltenham and Glocucester over a longer term as they (and RBS and First Direct as all govt owned) take tax credits, maintenance and child benefit into account when givign you a mortgage. otherwise to keep your dd in family home you can loibe there while he stil owns half and whens he gets to 18 you sell and split money. IMO though best for a clean break, Good luck and hope all gets sorted xx

I think you probably have to give him his share somehow - so unless you can borrow the money to pay him back, you'll need to sell.

Worth talking to the bank I would have thought in the first instance - find out how much they would lend you in your own name.

Solicitor will be able to help work out what your share should be if it's not a straightforward 50-50 split.

Your ex will be liable to pay child support to you - 15% of his net salary for one child, or a bit less if he has her to stay regularly. You may also be eligible for tax credits - both of these sources of income may be taken into account by the bank when worknig out how much to lend you.

Is your ex dead set on buying? Could you pursuade him to rent for a while, until you can afford to buy him out?

Hi. I did speak with bank, the mortgage would be too large for one person. His equity would be quite a bit of money, so It's not a case of saving for a while. I would not be able to afford to ever buy him out.

How do you qualify for tax credits?

Thanks for all your thoughts.

You qualify for tax credits if your income is under a certain level - I think if you just have one child it's around £25,000, or possibly a bit more if you pay high childcare costs. You can apply online I think - or at least go to their website to fill in your details and find out how much you might get.

Doesn't sound as if you've got much hope of keeping the house :( unless you can pursuade him to let you. I think the sort of thing that makemine is talking about where you can stay until 18 is something that sometimes get negotiated out of a divorce settlement, but if you weren't married then you simply get whatever share of the house is yours, and if you ex wants his, then he can have it. Can you buy somewhere cheaper?

Hi,

Even though we're not married though I've heard the family act law can result in the courts ruling it is in the child's best interest to stay in the family home.

I think it get so complicated and I think it's not a battle I can do on my own. Unforunately he's not easy to talk to and has a lot of anger despite the fact the relationship ended because of his behaviour.

Thanks again for taking the time to chat.

depends on the size of the house as well & his needs to be housed.

under TOLATA he can apply to force a sale and court decide who gets what - if this isnt in dispute ie you agree fifty fifty equity then really is about childrens act schedule one and housing the children . but you can argue against a sale if you need the property to house the dc.

so you need to go thru finances and see i f you sell and release equity can you both house yourselves on the equity released? ie can you both get mortgages to rehouse in suitable accomodation?

if not are there good reasons for you and dc to remain in the house with his share kept there til youngest child leaves home (you dont have to say until 18 you can specify til youngest finshes full time education which could be 22...)

so he would retain a charge on the property when it does sell. expressed as a percentage of equity so he benefits as well if prices go up but also loses as well if prices go down.

get all facts together before going to solicitor - so
what is euity ?
what would house sell for?
what motrgage could each person get?
what property coiuld each buy if they ahve fifty fifty euity?
what could you buy if dc residing with you eg do you need some of his share or all of his share put in trust gainst property then returned to him when youngest leaves home?

i've been thrutolata and childrens act case and judge agreed i should have all of his share but for the dc -so when i can sell the joint owned and buy new place he will have xx % of the new property in his name to be returned to him when youngest leaves home