seperated with joint mortgage.

[saleh108]

i have seperated from my partner recently, we have a joint mortgage together.
we have two children which i pay CSA.

what are my rights to the house if my partner wants to buy me out(kids are with partner in the house).

[Celestine]

Re: seperated with joint mortgage.

Hi Saleh

The answer to your question depends on a lot of things.

Are you and your ex amicable? Could you agree mutually to sell house and each buy separate properties? Is there enough equity to do this?

Does your ex work? Who cares for the kids and how old are they?

In truth, if this gets 'legal', probably only a court could decide. In some cases a judge deems it appropriate to release the asset to permit two new homes being purchased. However, when there are young children involved, many judges will not agree to the 'family' home being sold.

You'd probably need to tell us a lot more for me to give you any inkling how it could go.

[saleh108]

Re: seperated with joint mortgage.

My ex works and she has mentioned that she is willing to buy me out, but she mentioned that I am only entitled to 1/3 of the property because she is living with the children aged 16 and 15. She has a good job and is able to buy my share.

Is this correct ?

QUOTE=Celestine;281825]Hi Saleh

The answer to your question depends on a lot of things.

Are you and your ex amicable? Could you agree mutually to sell house and each buy separate properties? Is there enough equity to do this?

Does your ex work? Who cares for the kids and how old are they?

In truth, if this gets 'legal', probably only a court could decide. In some cases a judge deems it appropriate to release the asset to permit two new homes being purchased. However, when there are young children involved, many judges will not agree to the 'family' home being sold.

You'd probably need to tell us a lot more for me to give you any inkling how it could go.[/QUOTE]