JOINT MORTGAGE, BUT SPLITTING UP? WHERE DO I STAND?

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ME AND MY PARTNER BOUGHT A HOUSE TOGETHER IN 2007. WE BOTH WORKED FULL-TIME AND BOTH PAID EQUAL AMOUNTS TO THE MORTGAGE. HOWEVER, WE HAD A CHILD, BUT I STILL PAID MY HALF OF THE MORTGAGE PAYMENT UP UNTIL THE END OF MY MATERNITY (JULY 2008). ON MATERNITY I WAS MADE REDUNDANT SO WE BOTH DECIDED IT WAS BEST FINANCIALLY FOR ME TO BE A STAY AT HOME MUM. BUT NOW WE ARE SPLITTING UP AND MY PARTNER WANTS ME OUT THE HOUSE AND THE HOUSE TO BE SOLD. PROBLEM IS IVE NO JOB OR NO MONEY TO GET A RENTED PROPERTY AND BECAUSE MY NAME IS ON THE MORTGAGE THE COUNCIL WON'T EVEN ENTERTAIN ME! SO WHERE DOES THAT LEAVE ME APART FROM HOMELESS? I WONT RECIEVE ANY OF THE HOUSE SALES PROFIT AS MY PARTNER PUT IN THE DEPOSIT AND PROBABLY WONT EVEN GET ALL THAT BACK NOW. IT SEEMS HE'S QUITE HAPPY FOR ME AND OUR TODDLER TO BE HOMELESS AS I HAVE NO FAMILY THAT CAN PUT ME UP! PEOPLE HAVE TOLD ME I HAVE A RIGHT TO STAY IN THE HOUSE, BUT MY EX WON'T HAVE IT! WHAT CAN I DO? Confused

savior70 · Posted: Thu Jul 02, 2009 5:51 am Post subject:

Hi

You've said that both you and your partner purchased the property, jointly. Are you on the title to the property? If you are listed on the title, you surely have a right to stay in the house. You've also made equal payments towards the mortgage. You should have a certain share in the property. If you were a legally married couple and the property were in a community property state, you could certainly have had a share in the house as per the Moore Marsden Rule. But in your situation, if your name is not on the property title, it will be difficult to establish your rights to the property.

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