Messy break up

Me and my partner of a long time have just split up but we are both on a joint mortgage together. I have always been a stay at home mum. What are my options for keeping house? Would it be possible? I don’t really want to move my children into another home but can’t live with the ex and he’s refusing to leave as he can’t afford to 😞
If I was to get a council house how would it work with the mortgage? Would he have to remortgage or sell? Or could he just keep it as it is? Would I have to come off it?
It’s a minefield and I haven’t got a clue 😭

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I am not a lawyer but did you both put down the deposit for the property? If yes then I think you may have to sell and split it 50:50 but be careful as universal credit do not pay if you have over £16,000 in savings I believe.

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no his father put the deposit down for us. Does that change much?

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Did his dad sign to say the deposit was gifted? And since moving in, have you contributed financially to the mortgage?

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I can’t remember that far back 😩 no I haven’t… I’ve been a stay at home mum the whole time

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Because you have kids and your name is on the mortgage, you might still be entitled to something.
Unfortunately, the deposit might have to go back to your partner’s dad if it was receive and processed as a gifted deposit.
Here is a free lawyer you can ring and they are amazing with these types of questions 0808 588 1457.

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Because you are married the deposit etc is likely to be irrelevant. You could apply for an occupation order which will have him removed from the home but you would need a valid reason to do that (separation and needing somewhere peaceful and calm to raise your kids is reason enough) your ex has every right to request the property is sold however if you can afford to continue living there then most judges won’t enforce this while you still have young children. Bear in mind that other than a mortgage interest loan (which he would have agree too) and a council tax discount you would need to show you can afford to live there still. You would take into consideration any child maintenance etc he would be paying. This could all be done at the same time as your divorce. If sold Any money made will be divided equally (I saw equally but the kids are a factor so you may get more).

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I live in Nottingham and am actually still living with my ex wife, we split 6 months before I got pregnant. I contacted the council to try and get help because obviously this situation is not good for either of us and they won’t touch me or put me on any list because I own half of this property so I wouldn’t rely on the council too much

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we aren’t married, we have just been together for a long time. Is it? I thought I could only have him removed if there was domestic violence etc i definitely need somewhere peaceful and calm to raise the kids 😞 he’s been sending some horrible messages but luckily doesn’t say it in front of kids or anything. I don’t think I could afford to live here to be honest as much as it kills me 😭 he won’t even tell me how much bills are etc to try and help me out. I don’t think he’s wanting to sell as he knows I will be entitled to half of the money from the sale. He’s being awkward deliberately 😞

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sorry to hear that. I have already been in touch with council and been told I can be on list but will be on lowest band.

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Is the house in both names? You still have lots of rights because of how long you have been together and the kids etc. Text messages can come under emotional abuse or even coercive control depending on what is in them. It might be worth you speaking to a solicitor. Most do offer an hours consultation for free ❤️

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yeah the house is in both names. My friend seemed to think I have rights because we’ve been together a long time too. I’d say it’s emotional abuse the way he’s going on 😞 I’ll have a look into solicitors thanks so much ❤️

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