Seperation homeowners

[Amd897]

Hi

 

Just need to find out information, non married couple separated with joint mortgage, I've been told I have to buy my ex partner out or she will buy me out, I can't afford to do this and I do not want to sell, she also put a larger deposit down if this counts? 

 

We both still live there and neither of us has left the property and still live there!

 

Could I get as much help and information as possible please!

 

I have read non of us have a legal obligation to leave or sell the house!

 

Thank you

[dx100uk]

correct.

 

[Ethel Street]

In general if the house you live in is owned by you both, you both have an equal right to remain in the property if your relationship breaks down. It's the ownership of the house that matters not the mortgage. Do you own it as Joint Tenants or Tenants in Common, ie what do the title deeds at the Land Registry say about ownership?

 

What is it that you want to achieve? What does your ex-partner want?

 

Which of you is paying the mortgage at the moment?

[Amd897]

1 hour ago, Ethel Street said:

In general if the house you live in is owned by you both, you both have an equal right to remain in the property if your relationship breaks down. It's the ownership of the house that matters not the mortgage. Do you own it as Joint Tenants or Tenants in Common, ie what do the title deeds at the Land Registry say about ownership?

 

What is it that you want to achieve? What does your ex-partner want?

 

Which of you is paying the mortgage at the moment?

It is a joint tenancy 

 

There's no arrangement both don't want to sell but both want to keep

 

Mortgage is 50/50, but ex put a larger deposit if that counts? 

 

Thank you

 

[Ethel Street]

So neither of you want to sell? What is it you need advice on then? Nothing needs doing as far as the ownership of the house is concerned if neither of you wants to sell.

 

Although I can see that both living under one roof may be a problem you first need to decide between you what you want to achieve. Neither of you can make the other sell or move out.

 

If it's not possible for either of you to buy the other out then you may have no choice other than to sell the house, divide the cash between you and each go your separate ways. Dividing the  sales mone can take into account that you originally put in different amounts of deposit.

 

Are you both still paying the mortgage 50/50 each month?

[Amd897]

8 minutes ago, Ethel Street said:

So neither of you want to sell? What is it you need advice on then? Nothing needs doing as far as the ownership of the house is concerned if neither of you wants to sell.

 

Although I can see that both living under one roof may be a problem you first need to decide between you what you want to achieve. Neither of you can make the other sell or move out.

 

If it's not possible for either of you to buy the other out then you may have no choice other than to sell the house, divide the cash between you and each go your separate ways. Dividing the  sales mone can take into account that you originally put in different amounts of deposit.

 

Are you both still paying the mortgage 50/50 each month?

She has taken all the paperwork for the house and is going to a solicitor to try and make me sell so I am here for information to where I stand as I don't want to pay out on a solicitor unless needed and I just needed to clarify where I stand, it's been 50/50 on mortgage except one month where I had changed my job,

[Ethel Street]

If you get a letter from her solicitor suggesting that your ex-partner can force you to sell or move out you will need to consult a solicitor yourself. Bear in mind that posters on here are not solictors or professionally qualified in property law.

 

The general principle is that one joint owner cannot force the other to sell if they do not want to, unless you entered into some formal agreement when you bought the house. I understand that the two of you did not make any agreement about what would happen to the house if you separated. It's possible to apply for a court order to force a sale, but if that appears a possibility you might as well agree that voluntarily and save the costs of a court case.

 

Eventually you will have to come to an agreement between you. If that is going to be hard to achieve mediation could be a cheaper and less stressful route than going to court.

 

I should say I've assumed all along that you have no children and no-one except the two of you is living in the house.

 

It's important that you keep paying the mortgage. It won't help either of you if you default on the mortgage payments.

[Badtimes123]

2 hours ago, Amd897 said:

There's no arrangement both don't want to sell but both want to keep

Neither of you can realistically 'keep' unless one can buy the other out..

 

Is she wiling to buy you out? I don't think you answered that yet.. if so, and you definitely cannot her, then really (morally not legally) you should just get on with it and move on?