Leaving abusive relationship. What happens to our mortgaged house?

[cocopopsspoon]

I know I need to seek legal advice but wondering if anyone knows the laws around separating when you own a house together. I’m planning to leave my emotionally abusive relationship. We’ve been together for 10 years and have 2 DC aged 3 and 7 and we aren’t married. We brought the house 3 years ago and needed a high 20% deposit because he had bad credit so he paid more towards the deposit than I did. I would like to stay living in the house for security for our DC and because of being close to school. What rights do I have regarding this? Would I need to buy him out? Take on the mortgage alone? Can he refuse to leave?

Yes you would need to buy him out and see whether the mortgage company are prepared to let you take over the existing mortgage or get a new mortgage. Can you afford to pay the mortgage alone ? Do you have funds to buy him out? If not then you probably will have to sell up as you don't have the protection of being married.

Yes he can refuse to leave

He can also drag selling out as well

@Spirallingdownwards I could just about afford our mortgage and living expenses alone but I worry that I wouldn’t be able to secure the mortgage alone.

@frozendaisy I think he would do this. I know he’s going to turn extremely nasty

You would need to be able to buy him out and secure the sole mortgage so it sounds like you may not be able to afford to. Is he likely to not want to be paid out so the kids have a home? If he is abusive I would guess No.

Seek legal advice. If he is abusive you may be able to obtain an Occupation Order against him which forces him to leave the home, even though he still co-owns it

Apply to the court to get an occupation order to allow you and the children to remain in the home and have him move out. Speak to women’s aid and make a plan. With regards to the mortgage/ownership of the house, speak to a lawyer who’s versed in domestic abuse. Well done for making the decision to end this. It’s a scary time but ultimately, you’ll be better off and so will the children.