Thanks for your question.
Stopping the mortgage payments would be a very bad idea, you cannot be certain your wife would maintain the payments and all that will happen is that the mortgage company will seek an order for possession (and then sale) on the basis of the default.
Are you considering divorcing eachother, and do you know if you hold your property as tenants in common or joint tenants?
She definently will not make paymenst
we are not married
we are tennants in common
I Just feel i being forced out of my house because if i stay here there will be chaos as she is out to do my head in so what should i do
Sorry, I had wrongly assumed your partner was your wife because of your reference to missus. My mistake.
You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to her name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.In the absence of any express agreement there is presumption that the proceeds of sale are split equally, however if either party contributed more the financing of the purchase or has maintained the majority of the mortgage payment (I assume you have maintained the payments since your partner has moved out for 2.5 years) then this will be taken in to account and you will receive more of the proceeds of sale. It is usually better to negotiate and settle unless one party is being particularly unreasonable in their demands.
It's a difficult situation and you have my sympathies; you may have to stomach living with her until you can arrange the sale of the property unless you can afford to move in to temporary accommodation as an interim measure.If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.Kind regards,Tom
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