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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10105
Experience:  30 years as a practising solicitor. Partner in own firm.
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Hi, my partner and I have recently split up. We have three

Customer Question

Hi, my partner and I have recently split up. We have three kids (altough the oldest is not his) he has moved out and myself and the kids are living in the house that we have been in for the past 10 yrs. the house and mortgage are in my partners name, not mine but I am paying the mortgage, including mortgage arrears he built up, with no support from him. He has a trust deed also secured on th house and I have just found out he also has a secured loan which is in arrears. I am worried that we will lose the house? What are my rights? Do I have any? I only work part time cos of the kids so can get a mortgage to buy him out.
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

This is a difficult situation for you on a number of fronts.

Firstly you have no title to the house that you are staying in with your children and you are paying for a mortgage and arrears of mortgage that is not in your name. As long as you continue to do that the mortgage company will be happy enough and and will not seek repossession of the house.

However the second secured loan being in arrears means that that lender could also take steps to repossess the house if that account is not brought up to date and there will be a limit on what funds you have to do that.

So you are right to be concerned that you might lose the house and you have, as a non owner, no right to occupy if repossession proceedings are taken against your ex partner.

It is to your credit that you have tried to maintain the mortgage account especially when you are unlikely to benefit from this in the future,not being even a part owner of the house.

If you can't afford to buy the house from him at a price which would enable the mortgage and loan companies to discharge their interest in the house, my opinion is that it is perhaps time that you have to think to the future and find a house of your own to buy or rent so that you no longer have the worry of trying to service someone else's debts to keep a roof over your head.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
I take it he can also sell at anytime, and I can not stop it going through, even if it's means we will be homeless? Do I have no rights having lived there for ten years?
Expert:  JGM replied 2 years ago.
One issue here is that your ex has signed a trust deed so his estate has transferred to the trustee.

However, even if that weren't the case, whilst you have paid the mortgage, you do not have any interest in the house in the absence of a title, a cohabitation agreement or some other evidence of a beneficial interest.
Customer: replied 2 years ago.
And can I get a cohabitation agreement now? And if I do get one what does it mean? Does it protect me? HOw do I get one?
Expert:  JGM replied 2 years ago.
If you have separated then no. If your ex is prepared to enter into a separation agreement agreeing that you should have a beneficial interest in the house then that could have been an option but he has signed a trust deed so he has no legal standing to enter into such a contract.

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