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Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Unmarried, 2 children, joint morgage

8 replies

mummyto212x · 15/10/2022 22:23

Me and my partner have separated, we have two children who are both under 5 years old and a joint Morgage, my partner pays the Morgage and I pay the house hold bills. He has sent the estate agents round to value the house not even a week after we separated, he has said the sale will take around 4 months and this is long enough for me to make other living arrangements for me and the children. I no he can’t process the sale without my say so, but I can’t afford to pay both Morgage and bills if he cancels the direct debit and if it goes to court will it get thrown out cz it’s his house as much as mine? Has anyone been in this situation just looking for afldvice. Thankyou

OP posts:
Wnikat · 15/10/2022 22:27

speak go a solicitor about an the house.
pretty sure he can force a sale though

Put in a claim for child maintenance asap

mummyto212x · 15/10/2022 22:31

Solicitor has said he will have to take me to court which will take time but court will throw it out and make me sell. So may as well cut my loses and agre to sell now. It’s just finding somewhere for me and the children as rent at the min is so high. Thankyou for the response

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thissucks12 · 15/10/2022 22:31

He can't force a sale for 2 years, you can sit tight. He's still Liable for his share of the mortgage, if he/both of you doesn't pay it will credit ratings which in turn could affect your ability to get a mortgage moving forward.

I'm so sorry this is happening to you, I'm going through similar and it's awful. Please speak to a solicitor, the laws vary between Scotland and England. Do not be pressured by him into making financial decisions by him as you may regret it further down the line

mummyto212x · 15/10/2022 22:36

Yes I could afford to pay my half and the money he would pay for the kids would cover his half if he refused to pay. But even if we had two years eventually we would have to leave and the courts would say to sell and give him half his equity. Half The equity is rightfully his. It’s just house prices to renting are so high at the min my half of the equity will end up going on rent and he will be sat on his. So frustrating x

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rwalker · 15/10/2022 22:37

He house sale is inevitable realistically get organised and start a new life
courts and solicitors cost a fortune and the end result will be the same
he could stop paying and both of u are liable

mummyto212x · 15/10/2022 22:38

Yes I could afford to pay my half and the money he would pay for the kids would cover his half if he refused to pay. But even if we had two years eventually we would have to leave and the courts would say to sell and give him half his equity. Half The equity is rightfully his. It’s just house prices to renting are so high at the min my half of the equity will end up going on rent and he will be sat on his. So frustrating x

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LemonTT · 15/10/2022 22:39

He can take you to court to force a sale. You can challenge this under the Childrens Act if you can demonstrate that you won’t be able to find a suitable alternative home for the children if the property is sold straight away.

If the court does agree that you can stay you will have to cover the mortgage and bills. He will still own 50%. A timeframe will be set for the sale.

If the sale is inevitable then getting it on the market asap could be a gamble to avoid a house price fall.

mummyto212x · 15/10/2022 22:41

Yes I agree you are just prolonging the process, and I’m happy to sell just bit of a shock him getting estate agents out a week after. But he has as much rights as me due to us not been married and court will cost possibly thousands which Is money I could spend on my children

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