Where Do I stand ?

[JackSwan]

I am currently living with my partner (as an unmarried couple) but are intending to split up, we have two children, and we have a joint mortgage but I am the one who works and pays for the mortgage etc. My question is where do I stand as regarding the mortgage repayments on the house, I cannot transfer the mortgage to my partner as she is not working and therefore obviously would not be able to make the payments, she also does not want to sell the house and split any profits. Obviously the way that house prices are today It would be impossible for me to pay rent on a flat for example, and keep up the mortgage payments for her on the house. Any advice would be helpfull. Thanks

[Didwot]

As far as the mortgage company is concerned, you are jointly and severally liable to pay the mortgage installments to them, but if the payments are not made then they would probably begin possession proceedings in the Court, rather than try to get the payments from you. If the house was repossessed and sold, and money was still owing to the mortgage company they would probably seek payment from you.
As between you and your ex partner, you will be liable to provide for your children, and she would be able to apply for orders of the court, or go to the CSA. If you and she cannot sort out your finances so that you can both afford somewhere to live, she may be entitled to means tested benefits of one sort or another. If all else fails you might consider whether the house should be sold and something smaller purchased, or even rented.

[Mrs_Pegasus]

I have been in the same situation and basically we sold the house and split the profits. 

Unfortunately, it is doubtful a court would rule to force a sale if there are dependants under 16 in the property.  I would try and reason with your ex.  Its an awful time for everyone, especially the children.  If you can agree a payment of maintenance it may encourage your ex to find somewhere else to live but I would advise doing this through a solicitor so your ex can see you are serious.

The other option is to stop paying and the house be repossessed but this will seriously damage your credit rating.

I would take advice from a solicitor but I warn you it will be expensive to fight it.