10-10-2018, 04:25 PM
Good evening, thank you for taking the time to read.
I split with my ex partner approximately 2 and a half years ago. We have two young children together. We also had a joint mortgage on the family home.
When I initially separated I intended to sell the home, split any equity and arrange childcare, maintenance payments between the two of us. My ex partner did not share this view and I was contacted by her solicitor who proposed the following:
- I move out of the house
- ex partner lives in the house with children and sells when the youngest turns 18 or she decides to sell.
- ex partner is responsible for all bills and mortgage of house
- I pay maintenance payments and see my children on weekends and weekdays when i am not working (to be arranged between ourselves),
Due to financial reasons, I have had to stay on the mortgage and basically act as guarantor to my ex partner. Furthermore, due to still being on the mortgage I am unable to get a new place of my own. I am having to live at my mothers house. (I am grateful to her but i am nearly 30, and my children have to sleep in my bed while i sleep on an air bed when I care for them which is not ideal)
My solicitor advised that due to their being children at the house, I would never get the house sold and fighting against her would be very costly with very little chance of success. Now, obviously I do not want to see my children made homeless, but there were options of renting/buying a smaller home available to my ex partner at the time which she would not consider. So based on this a deed of separation to the effect above was drawn.
Now two and a half years has passed with everyone holding up their share of the deed of separation. But now my ex partner is engaged. I am interested to know if i have a stronger case for either forcing the sale, being brought out etc. now that my ex has/will have new financial support. I do not want to have to be guarantor for a mortgage for the soon to be married couple, all the while not being able to change my housing situation. I also fear that if the longer I am on the mortgage and not paying money towards it, I will loose claim to my 50% of any equity.
I would be extremely grateful for any advise that can be offered.
I split with my ex partner approximately 2 and a half years ago. We have two young children together. We also had a joint mortgage on the family home.
When I initially separated I intended to sell the home, split any equity and arrange childcare, maintenance payments between the two of us. My ex partner did not share this view and I was contacted by her solicitor who proposed the following:
- I move out of the house
- ex partner lives in the house with children and sells when the youngest turns 18 or she decides to sell.
- ex partner is responsible for all bills and mortgage of house
- I pay maintenance payments and see my children on weekends and weekdays when i am not working (to be arranged between ourselves),
Due to financial reasons, I have had to stay on the mortgage and basically act as guarantor to my ex partner. Furthermore, due to still being on the mortgage I am unable to get a new place of my own. I am having to live at my mothers house. (I am grateful to her but i am nearly 30, and my children have to sleep in my bed while i sleep on an air bed when I care for them which is not ideal)
My solicitor advised that due to their being children at the house, I would never get the house sold and fighting against her would be very costly with very little chance of success. Now, obviously I do not want to see my children made homeless, but there were options of renting/buying a smaller home available to my ex partner at the time which she would not consider. So based on this a deed of separation to the effect above was drawn.
Now two and a half years has passed with everyone holding up their share of the deed of separation. But now my ex partner is engaged. I am interested to know if i have a stronger case for either forcing the sale, being brought out etc. now that my ex has/will have new financial support. I do not want to have to be guarantor for a mortgage for the soon to be married couple, all the while not being able to change my housing situation. I also fear that if the longer I am on the mortgage and not paying money towards it, I will loose claim to my 50% of any equity.
I would be extremely grateful for any advise that can be offered.