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Mortgage free house.... Can it be sold?

  • Maddy1974
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10 months 3 weeks ago #508326 by Maddy1974
Mortgage free house.... Can it be sold? was created by Maddy1974
My partner of 20 years left me 3 years ago. We have 2 children aged 7 and 10 now. I paid the mortgage and her debts off in full and took us all on a big family holiday with my redundancy money. We were never married. She told me she was leaving me once the final paper work had gone through on the house confirming it was paid in full. She admitted she'd been sleeping around for years. She's been living there 3 years so far for free. Can I force sale of the house? Or charge her rent for my half of the property? Or shall I just move back in? What is the legal position on this? She has been approved for a mortgage to buy me out, which will then give me a deposit to buy a home for myself and a proper second home for my boys, as I currently live back at my mums and there is no space. She's now decided she doesn't want too buy me out and has told me there is nothing I can do. Any advice please?

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  • WYSPECIAL
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10 months 3 weeks ago #508330 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Mortgage free house.... Can it be sold?
Your post is confusing. She left you but is living in the former family home?

Did you move out and her back in?

Whose name is the house in?

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10 months 3 weeks ago #508331 by Cheesestring
Replied by Cheesestring on topic Re:Mortgage free house.... Can it be sold?
You weren't married so there's no financial settlement court order. The house is on your name.

I'm not an expert but what I would do is move back into the house and get an occupation order stating who can and can't live in house.

If you're going through courts for child arrangements order then courts can make a provision that mum lives in house until youngest turn 18.

This is just my opinion.

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10 months 3 weeks ago #508332 by Maddy1974
Replied by Maddy1974 on topic Re:Mortgage free house.... Can it be sold?
Ah yes sorry I see what you mean. She decided she'd move out and find a flat. I temporarily left to let her pack etc. She then decided to stay put and refused to leave. The house is in joint names and paid in full.

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10 months 3 weeks ago #508334 by WYSPECIAL
Replied by WYSPECIAL on topic Re:Mortgage free house.... Can it be sold?
As your [url=Resources/Library/Cohabitation-and-Separation_s33_m1852.html ]not married[/url] it's down to property law then.

If either of you wants to sell you either need to agree or get a court order to force the sale.

She may be able to apply to stay in the house until the children are 18.

Is there a possibility that she may buy you out if she knows you are applying to enforce a sale? Could she afford a mortgage?

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