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Hoping someone can give some advice the following is my situation:
I've recently moved into my own house with my (now ex) partner (whom is still living with me and our little girl who is 5) the house is mortgaged of which my life insurance paid a chunk off of the mortgage off and i am the only working person bringing a wage into the household to pay the mortgage repayments, its mine and my ex-partner's name on the mortgage and her sister is a Guarantor on the mortgage documents, I’ve recently found out that she (my ex-partner) has been cheating on me with another man who has the ability to provide for her, I’m concerned as to what is going to happen to my/our house? if it were to go to court would the courts favour for her to keep it (as she will have residency of our daughter) or would they favour for me to keep it and continue as "normal" minus my ex-partner living with me, and her having to stay elsewhere, I am also concerned as to what would happen to my daughter? I’m a little bit stuck and i am in a tight jam for affordability for a solicitor, should I talk to the company providing my mortgage, if i sell would monies be split? We are not married, how does that affect the situation? currently she is constantly asking me to leave the house but im extremely reluctant to go as this house in my eyes belongs to me, i am also living in the spare room and i still see my daughter each day.
Sorry this is all over the place I’m exhausted and tired of being confused about it all, what should i do?
Any advice would be most helpful
Thanks
🙁
sorry to hear of this.
The decision behind the house is based on the childrens needs and how the childs needs can be met with regards to housing.
Even if she is not on the mortgage it doesnt potentially exclude her from the home.
Be careful....this is where things start to get messy. Accusations are made, court injunctions etc for false allegations. Start keeping a log to the best of your ability and dont forget there is always mediation.
If she is going to be difficult then looking to sell (whilst she is potentially agreeable - might be the least damage limiting option). Also decisions will depend on residence....good luck
Hi Frankie
if the house is in joint names, then your ex will be on the mortgage also. Under the law your ex has the ability to make a claim for a share of the property, as she must provide somewhere for the child to live. The Court will look at 50/50, but because she has the child living with her, a split of, say, 60/40 will be more likely.
Probably the better bet is to agree to sell the property, split the profits and you pay maintenance for the child.
As Boycie says this is where things could get messy and you do need to be careful. I would strongly advise seeking half hour free advice with a Solicitor if it does start to get messy.
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