Separation

[Oh2weealone]

Hi - first time poster 😊
I split with my partner in March this year. He agreed that if I gave him half of the equity from our house that he would leave and I could stay with the children. I couldn’t afford to remortgage so he said I could leave his name on the mortgage and he would take the 50% equity and go.
He is STILL here. He says he’s not in any hurry to go and is waiting for the right property to come up. I desperately do not want him here… he is emotionally abusive and is playing games with me. It hurts and I’m struggling.
the question is, how can I get him to go?? I have asked him several times and he just won’t go.
if I sell up he is still entitled to 50% of the equity (we are not married) and I’ll be left with absolutely nothing.
He is the main earner and I am the default parent. I’m really frustrated and just want to get on with my life: please can anyone offer any advice? I can’t afford a solicitor and as we’re not married I’m not protected by spousal laws, 😢
Can anyone help please? Xx

How are you planning to give him 50% of the equity? Where is that money coming from?
Do you definitely own half the house?

we remortgaged and added the value of half of the equity on the joint mortgage and he said he would leave and take the money. The plan was for him to go with the money then when he left we would remove his name from the mortgage and the deeds. He won’t leave so I can’t remove him from the mortgage until he goes

You can’t just “remove” someone from a mortgage. You would need to apply for the mortgage in your own right. Quite possibly at a higher interest rate (if you’re now fixed?) and you’d need to be approved for the whole mortgage - including that new borrowing. Forgive me if we’re just taking £10K here… but I’m getting the feeling it is more. Can you get a mortgage in your sole name for the full amount that you now owe?

I can with his maintenance payments but in order to have those considered as part of my income he must have moved out for 3 months. It couldn’t be done the other way. I need him to leave as it’s affecting my mental health but he refuses to leave and I can’t force him out

What is your mortgage interest rate?
If you extended the borrowing in March, it’s probably 2-3% higher now, and you won’t have a full choice of lenders if you need one that includes CMS as income.
Is your house worth more now too? He may claim he’s entitled to 50% of the increase.

Where is the 50% money now? Can you take that, and move out with it? Let him buy you out? The 3 months will be up sooner then, and you can buy.

I think you need a solicitor’s advice on whether you can force a sale.