if i leave do i lose rights to my house?

[Tyedye]

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You still have an equal interest in it and can ask for it to be sold to realise your interest. If he refuses, you can apply to the court for an order for sale.

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If you aren't married then the question of who has what interest in it might be more complicated than equal interests. The courts could look at who had paid what into paying for the house but there would also be questions of beneficial interests. Come to think of it, if you are married then it might be more complicated too but in a different way. It is really one to go through with a solicitor who can consider your individual situation. But it wouldn't be a question of losing your rights, certainly.

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It would be a good idea to make an appointment to see a solicitor, Tyedye. They should be able to answer any questions you have re the house. I cannot imagine you would lose any of your rights over the house though.

Depends how the title was registered I think but as lemonaid says it shouldn't be a case of forfeiting any rights you currently have. You need some legal advice from a solicitor or CAB to clarify this.

Your rights remain unchanged whether you leave it or not. If you can't get him to agree to a sale, then it is open to you to apply to the court for an order that the house be sold. In your circumstances, if you are forced to make this application then the court would order a sale and would be likely to order that he pay your costs. I would tell him to go to a solictor (loads give half an hour free legal advice - you should go too - but alone) who will undoubtedly tell him not to be daft and to agree to a sale.

As it's jointly owned the law says that the sales proceeds (after payment of the mortgage, estate agents, etc )will be divided equally. If you did not draw up some sort of legal agreement to say that you would get your extra capital back in the event of a sale then you are stuffed I'm afraid and reliant on his goodwill to get your capital back! In these circumstances, the fact that he is paying the mortgage is neither here nor there. To keep him sweet, you might want to offer to pay half the monthly payment from now until sale' although that would be up to you.

If you leave the house, keep an eye that the mortgage is being paid as you will remain liable on it whether you live there or not.

(I should add that if you were married, things would be different and the court would not neccessarily order a sale whilst there are young kids in the property but that's another story)

If you decide to stay and he gets violent or threatening, you could apply to the court for something called an occuaption order which could get him out and you in so that you can sell it. Hopefully it won't come to that!

Good luck!