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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My partner and I are tenants in common on our house which we

Customer Question

My partner and I are tenants in common on our house which we bought for £287k 3 years ago. I put up the entire deposit of £80k (for which, thank god, I have a deed of trust) and I have also paid way more than half of the mortgage to date. it is now probably worth £450k.
We have two children, for who I take almost 100% of the responsibility in terms of their care and most of the financial responsibility too.
I have asked my partner to leave a few times, but he says he doesn't have to as its his house. I have thought about selling up, just to get away from the situation, however with what I take once he takes his "share" I wouldn't even be able to get a 1 bed flat for me and my two children.
I am not sure what options are available to me. Ideally i would somehow be able to prove that he has no claim to the house, but because I stupidly let him sign as co-owner he does. I don't feel like i can get him to leave as he is a lot bigger than me and truth be told I am actually scared of what he would do if i really pushed the point.
Would be interested to hear your thoughts.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much would a cheaper three bedroom property in the same school area cost to buy?Is your partner violent at all?
Customer: replied 1 year ago.
Hi,A property with 3 Bedrooms would be approximately £600k, Ours has only 2 bedrooms.He is intimidating rather than violent.
Expert:  Clare replied 1 year ago.
Are there any shared care schemes in your area?
Customer: replied 1 year ago.
I am not sure what those are
Expert:  Clare replied 1 year ago.
I am sorry that should be shared home ownership schemes
Customer: replied 1 year ago.
Yes there are, there are, however the mortgage we have is fairly low, and i can' just about cover it on my own. On a shared ownership property, once i pay the share of the mortgage and the rent to the housing association it would come to a lot more than i can afford per month. Also Im not sure I would be eligible because I own a rental property in the north or England where i'm from, my brother lives there. It has gone down rather than up in value so i couldn't even take money out of it!
Customer: replied 1 year ago.
Ideally I don't want to move out, as I did all the work of finding the house, did all the renovating myself, took all the responsibility for the move etc...
Expert:  Clare replied 1 year ago.
Fair point!Do you both accept that the relationship is at an end?
Customer: replied 1 year ago.
I do, he doesn't!
Customer: replied 1 year ago.
I think he just likes living somewhere where everything is done for him, his kids are looked after. the place is clean, if he doesn't want to pay one month he doesn't. who wouldn't like that!
Customer: replied 1 year ago.
Do you need any further information?