Relationship break down where do I stand legally?

[stressed2the max]

Hi Everyone

I am after some thoughts on my situation.

Me and my now ex partner have been together 10 years and bought a house together in August this year.

On a tenancy in common basis as unmarried. He out down 50k deposit (inheritance money). We have a trust deed so of course he would get his 50k back if were to sell, but that is it i worked hard for this house and don't want to lose it and I don't have any chance of buying him out!

Both our names are on the mortgage and we pay the mortgage and hous ehold bills equally.

He has decided he no longer wants to be with me and wants to sell the house and says he can whether I like it or not.

We are not on speaking terms as he has literally lost the plot and decided to text me christmas day to tell me this - nice!

Does anyone have any idea where I stand on this? Thanks

[Robin Ferrier]

Hi there,

firstly may I say how sorry I am that you are having to endure such a horrible break up. It is never easy let alone at Xmas.

Secondly I am not a legal expert but have a little experience in such matters.

I don't believe you can be forced out of your home by your partner forcing you to sell if the mortgage is in BOTH names, unless some court order has been obtained. Where the danger if any may lie is if he stops paying his share of the mortgage. The problem is that you both end up in default, you both have your credit rating brought into disrepute and ultimately the property could be reposessed. A huge amount of water has to go under various bridges before this happens. Talking to your lender as early as possible once things have clarified them selves is always advantageous.

Early legal advice is crucial but don't forget the emotional impact of the Xmas period. People are often highly strung and say things they may later retract.

I truly wish you well.

If I can be of any more help please dont hesitate to contact me.

Robin

[what2do]

Hi There,

I'm in a very similar situation to you. I wonder if you have found anything out/ made any progress and may be able to advise me??? Please!

My now ex partner of 5 1/2 years and I purchased a property for £247k in January 2010, we are 50:50 Tenants in Common (not married) and he put a £92 deposit down with a trust deed to protect this. We jointly paid Estate agent fees to sell the last house, the legal fees associated with selling and buying and have been equally paying into our joint mortgage.

He left me a month ago and I am still feeling very hurt and vulnerable, I don't want to be bullied by him and communication between us is not great- all emails at the moment. He is living with his Dad and I am in the house. He wants to sell and is pushing me to get on with it. I don't want to lose everything that I have put into the house (time, effort, money) and I want to stay on the property ladder, but a- we are likely to lose money on the house IF it sells because of the current situation with the housing market an b- I now do not have enough money to put into a deposit for another house because I have put money into the last house and this house- decoraing/ boilers/ legal fees/ etc.

I definitely can't afford to buy him out, but he probably can't get the mortgage on his own for this place either. We don't have any children either.

I hope that your situation has improved.

I would greatly appreciate any advice.

Thank you,

what2do

[manwithavan]

As Robin said I'm pretty sure your ex would have to get a court order forcing you to sell if both names are on the deeds with the land registry, if you're on the mortgage deeds and not the land reg it may be a different story. However one thing is certain you are both responsible for making the payments regardless of who is living in the property. I'm not an expert but I do have CeMap 1 (2007) and have worked in finance for approx 9 years. Prob best to get legal advice on this really!