Tenants in common - anyone have experience of ? would really appreciate any advice

[cloudedview]

Hi

I was wondering if anyone had experience of or are currently tenants in common with their ex.My H left me (and 2 v young DC) a while ago . We have a joint mortgage and up until now he has dutifully paid his half along with maintenance. However he is now starting to hint at the fact that he can't keep his payments up as his rent and living expenses (which are admittedly minimal) won't support all the outgoings. I am absolutely desperate not to have to move out of the house - or at least not being forced out against my will because of this. I know I would get a high share of the equity but that would in no way allow me to stay in the area (which I love) so that doesn't really interest me .

A friend of a friend mentioned that she was in my shoes(and could not get a mortgage high enough based on her income to get anywhere big enough) and is now tenants in common with her ex. He is in some way still attached to the property but has gone off and got a new mortgage by himself for his new house- she covers the mortgage payments for the family home through her own means and it all seems to work fine. This sounds on the surface that it could be what I need. Can anyone shed any light on it /how it works as it seems a bit too good to be true. thanks

You don't mention divorce, but there's a few things www.adviceguide.org.uk/index/f_ending_a_marriage.pdfhere that might be of interest to you (pardon me if that's overstepping a line).

I'm sure I've come across that term in relation to someone who was worried about inheritance - ie he didn't want his ex to inherit over his children.

Will have a search.

Haha no not overstepping a line at all - thanks I'll have a look now (oh and yes Divorce is pretty much a given)

Found gtis but I'm not sure it sheds much more light on your circumstances.

I'd suggest, in the first instance, dropping into Citizen's Advice. They may point you in the direction of a solicitor as I think this is beyond their scope, but they might be able to give you a better idea of what it entails.

Sorry here's the first link again.

I am not sure that your friend is right.

In England property is owned both legally and beneficially. The beneficial ownership is basically the money, the legal ownership is the legal title.

You can own the beneficial interest as either 'joint tenants' or 'tenants in common'. the basic distinction is that joint tenants own 50% each of the equity and if one dies, the other inherits that 50%.

Tenants in common can own the benefical interest in unequal shares, for eg 80/20 and if one dies, the other does not automatically inherit that share.

What you need to do is get urgent advice. Either you take over the mortgage from him IF the mortgage company allows it, and IF you can afford it, OR you can get the court to refuse to allow him to sell to provide your child with a home.

But if he really can't afford to keep up the mortgage, he will probably be allowed sell.

You need to get some urgent advice and see what you can afford. If you can take over the mortgage would he be prepared to wait to get his money until your child is much older and you sell then?