What happens to the house?

[ohgreatherewegoagain]

Hi,

I need to split with my partner. It's not working hasn't been for a while- I don't like him, he doesn't like me. I'm happier when he's working away... but why happens to our house and who has rights to stay in it?

We both own it, joint mortgage. We have children, I have one to a previous relationship and one with him. He has 2 others that stay every two weeks for a couple of days. He's stubborn and I know he won't move out, is there any way I can make him? Or do I have to take the plunge and move out? I've even filled out a council house form to get me away but not yet sent it as I really don't want to leave my home. I work from home so that's going to make it so difficult...

Please help if you can. I don't want to see a solicitor as I haven't got the money to do so at the minute.

The first half an hour is free with most solicitors, or try your local CAB first. You need advice - are you married?

Are you married?

No you can't make him leave if the house is in joint names. That's regardless of whether you're married or not. You'll have to talk to him quietly and sensibly and explain that you want to split, and that it would be best for him as well as you. Then you'll have to decide what happen next. Can you afford to buy him out?

There are no automatic rights if not married (even if married it depends on circumstances).
Is there equity? Could you afford the house solo, by buying him out?
It really comes down to what is practical as you both have children and they need to be housed. How did he treat his Ex wife? Does he pay cms?

One of you will have to buy the other out or you will have to sell and split the equity.

You could apply to stay in home I believe until your dc roughly 18

We're not married. I know we would both prefer to stay out of courts etc to make things easy for both of us. But I know he's stubborn and won't agree to leave, which would make me have to and I don't want to.

I put all my savings into this house, to feel like crap pretty much since buying it due to this turbulent relationship. Some days it's great, others id rather be anywhere else but here.

He tries to treat his ex well and fairly- she will not communicate with him and he has to deal with various other family members when it's his time with the children. He does pay child maintenance to them. I don't believe he would be a pain to me, other than in regards to the house.

I run my business from home and have clients coming here regularly, I cannot downsize and change area. I could afford it on my own, just. But he thinks I can't and that there's no way I can afford it. I just don't think the mortgage company would allow me to buy him out as he was the higher earner on our mortgage.

I've put up with it for a few more days, yesterday he was nice to me, caring, loving even affectionate I'd say. But I don't know if part of that is because he feels bad after yet another argument the other day.