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Divorce/separation

Joint house / his kids

2 replies

Moppymum · 09/05/2013 13:46

Any advice please?

Am not married but co-own the house with OH. I put 50% cash in, he raised the other half on a mortgage. He has three children who live with us half the time.

Our relationship is finished and in the short term I cold re-mortgage another property (mine) to buy him out. He is refusing to leave until it's signed on the dotted line.

I could leave but I'm worried that might compromise my position - could he claim he needs the house for his children? When he split up with XW, he stayed in the marital home and on the advice of his solicitor refused to move out. They were married though.

Thanks

OP posts:

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Collaborate · 09/05/2013 13:56

Look at the deeds. Did you declare a trust when you bought the property? Do you hold as joint tenants or tenants in common?

The property should be sold. If he won't agree to a sale (or a buy-out) you'll have to apply to the court for an order under the Trust of Land and Appointment of Trustees Act.

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Moppymum · 09/05/2013 14:21

Thank you Collaborate.

Yes, there's a declaration of trust. We are tenants in common but I currently have 100% beneficial interest as it's an interest-only mortgage and it was going to be my pension that would have been the repayment vehicle. If OH had paid off capital, the percentage would have changed.

There is also clause that says 'No disposition by a sole proprietor of the registered estate (except a trust corporation )under which capital money arises is to be registered unless authorised by an order of the court'. Not sure what that means.