Hi, thank you for your question. Just a bit more information to fully assist you:
-How old are the children
-What is the value of the property and outstanding mortgage?
-Are there any formal agreements or deeds of trust between you?
Thanks for confirming. In accordance with your numbering:
1. As the property is in joint names you both have a legal interest and therefore a right to occupy. She will therefore be able to remain in the property indefinitely and until the property is sold or a court order.
2.You do not lose any rights to the equity and remain entitled to the share as held on title.
3. You will remain jointly and separately liable for the mortgage and at the end of the mortgage you should be entering into a new one or deciding whether to sell it.
4. There are no rules on having a mortgage if you do not live there any more. So long as it is not being rented out you would be entitled to apply for another mortgage.
5. So long as your name remains on the title and there are no court orders excluding you from the property you are entitled to return and live there legally. Practically is a different question and usually once a person has moved out it is harder to move back in, but this will not impact your legal rights.
6. A separation will be ideal as it would clearly demonstrate what both your intentions are.
7. This can also be included in the separation agreement, and if it is not kept to you would be entitled to apply to your county court to force a sale.
8. If you have a legal interest in it and continue maintaining it there is nothing stopping you receiving income from this.
9. Unless agreed, there is no legal obligation to maintain and it is usual for the person enjoying the use of the property to maintain it.
10. It is usual for the non-resident parent/main carer to be liable for child maintenance which is based on your gross income and how many nights, on average, they stay over with you each week and it can be agreed in a separation agreement between you.
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If you move out it is usually the person who remains that should be making the monthly payments and the person who leaves remains liable. If a further remortgage cannot be obtained you can apply to court to have the property sold if you cannot reach agreement between yourselves.
No, if she stays she should be paying the mortgage unless you agree otherwise. However, the mortgage company has the right to pursue either of you, or both of you despite any agreement you have between yourselves.
You can propose to sell the house, and if she does not agree you will need to apply to your county court using Form N1 and a £355 court fee to force a sale.