housing rights for ex partners

[ianmacca]

do i have to provide housing for my ex partner and our 2 children ( 5 and 2) after we have split up or do i have the right to enforce a sale. it is in joint names and while i am willing to pay maintanence i can not afford 2 mortgages. would the answer be the same if either of us started living with new partners?
Please Help!

[chitchat]

If your ex and the children are living in the house you all lived in, I believe that you cannot enforce a sale without her consent as the house is in joint names and you cannot force them out onto the street. You say that you have two mortgages. Did you take the second out after separating or was this in place before the split? I would be surpised that a lender would give you a 2nd mortgage if you couldnt afford it.

Can your ex afford to buy you out? That could be an option. If you are paying the mortgage on the family home you shouldnt have to pay maintenance on top.

As for new partners I have heard that the courts can take the new partners income into account.

You should probably get some legal advice as I am not an expert and I am only relating to my personal experiences. I hope you get it sorted amicably - its so much easier if you can - on all of you. Good luck.

[ianmacca]

post may have been a bit misleading. i have a mortgage on the family home but couldnt afford to keep paying that and buy or rent somewhere else myself. i thought if one of you wants to sell then the other must agree or is that only applicable to married couples? my ex isnt working and even if she was working full time couldnt even afford to pay the mortgage never mind the bills

[chitchat]

Ian go see a solicitor - some of them offer the first 30 mins free.

I understand that you have to provide for your family. However, if you have a large house it may be reasonable for you to sell and your wife could purchase a smaller one provided there is enough in the way of equity. I think this a more in depth than I can explain here. A solicitor would be able to tell you how the law would view your situation.