separating after co-habiting 2 properties owned

I have been co-habiting for the last 18 mths, we bought a house together last Dec. We also re-mortgaged my old property and rented it out on a buy to let (and he was added to that mortgage and to the deeds). We lasted 6 mths in the new house, there was an extreme amount of violence involved once he got the mortgage on his dream home and he had his name put on my other mortgage and deeds. It was obvious what he did it for.

I moved out of our property at the beginning of Aug, we separated in June, he moved back in after the police took his bail conditions off him. The other property is rented out to his niece on a tenancy agreement until April/May of next year. Which I have to accept as she has done no wrong. I could not move in there either as his name is on that mortgage and he would have had access to that home too.

I have had to more into a rented house with my 2 sons who are 16 and still in full time education and are not his. I am not paying the mortgage and he wanted to take on the mortgage and get a transfer of equity and has not been able to they want me to stay on it for at least another 12 mths. My solicitor has suggested to him and me that he keeps our new property and I keep my old one and we indemnify each other from each mortgage and endeavour to get each other off each others mortgage for the property we are keeping.

What happens in this circumstance if I want to sell the property I keep in 8 mths time and want to buy another property having my name still on his mortgage?

And what would happen if he defaults or goes bankrupt as I have read that if he does withing 5 yrs of selling the house they can claim the house back?

He is inclined to get into a lot of debt and live above his means and he cannot really afford the house on his own as the mortgage is huge.

welshgirl46 wrote:

My solicitor has suggested to him and me that he keeps our new property and I keep my old one and we indemnify each other from each mortgage and endeavour to get each other off each others mortgage for the property we are keeping.

In todays Economic climate and Credit Crunch (why does that always sound like a breakfast cereal?).... it sounds like your solicitors advice is sound. I also think that since he's someone who takes risks and runs up debts; It would probably be advisable to act on the sols advice ASAP to reduce your liabilities (for joint debts) and secure at least the house you had before.

I'll assume you weren't married?

Hi there

You may want to read this for general info on cohabittee splits

www.wikivorce.com/divorce/Divorce-Forum/...m-I-entitled-to.html

Amanda