I am assuming that this is a legal registered civil partnership and that you were not just living together.
A person is not responsible for the mortgage or rent or the bills of a house that they do not live in although they remain liable to the lender or landlord if the other person stays in the property and doesn’t pay the mortgage or rent.
In that case, the non-occupier would be entitled to recover any mortgage or rental payments made by the non-occupier, from the occupier within the finances of the breakup of the relationship/marriage.
However if the X is not paying the mortgage company it comes down onto your toe and for you to recover that in the final settlement of the finances.
You need to start looking to sell the property to avoid repossession because of their solicitors get their hands on it, they will milk it for costs. As part of the financial order you need an order for sale.
No one can be compelled to continue to own a property which they no longer wish to own and they are able to force a sale through the courts if necessary.
The remedy is to make an application to court for an order for sale under section 14 of the Trusts of Land Appointment of Trustees Act (the Act).
Anyone wishing to sell may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually having the need to get to court.
Check house insurance to see if there is legal expenses cover that would pay for the legal cost of taking the matter to court.
If I were advising anyone who has received a letter threatening an application to court under the Act and an application for legal costs, I would tell them to get the agents sign up immediately and cooperate with the sale because if they make the court application, they are likely to get it and they are likely to get costs awarded against them.
Once you are divorced you no longer have a matrimonial home right against the property but you still have a financial interest and as you have dependent children, and you are both under a duty to provide a home for dependent children until they are 18, you are entitled to stay in the house as it was the family home, until the youngest child reaches 18.
However as I said earlier, you would be responsible for the mortgage and the bills meanwhile.
Can I clarify anything else for you?
I am happy to answer any specific points arising from this.
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