Can you confirm that he is jointly named as the registered proprietor of the property?
Is he the father of your son?
Yes the mortgage is in both our names and he is the father.
Thanks for that.
I note he does not wish to leave. What does he propose insofar as future plans for the house are concerned?
He is in complete denial and wants to stay in the relationship and in the house and wants us to continue as a family he will not accept anything that I say. Hence why I do not have a clue what to do next. As I am paying the mortgage I dont see why I should leave and how can I even put the house on the market without his agreement !
The position is that where two persons are named on the title to a property neither person can deny access to the property to the other in the absence of a Court Order to the contrary.
Similarly, the property cannot be sold without the agreement of both parties, as they would need to sign the sale contract and Land Registry transfer form. However, either party can apply to Court for an order for sale.
They overriding concern of the Court should there be any proceedings will be the welfare of the child, which is to say that they child's accommodation will be of paramount concern.
In view of his apparent denial of the situation I would suggest that you seek to arrange counseling and possibly mediation. Mediation would help to the extent that the mediator would be neutral and would help you to work out the best way forward. There is national organisation of family lawyers would can assist and direct you to mediation in your area:-
It would be best to try this avenue first because it is less expensive than instructing solicitors, but if no constructive way forward is found then you may have to instruct a family lawyer to resolve the future plans for the property.
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I'm afraid that the mortgage company will not be sympathetic to your position, the cold reality is that all they care about is that the mortgage repayments are met.
As you are both named on the mortgage you are both jointly and severally liable for the repayments. If they are not met then the lender would be entitled to take repossession proceedings against you both. There fees would also be added to the amount you owe and obviously this would have dire consequences for your personal solvency, credit rating and ability to get credit in the future.
It is essential that both you and he are aware of this and work out a way to ensure that the mortgage repayments are met until the issue of the house is resolved. If you cannot do this privately then you should attend mediation. If mediation is not helpful to your particular circumstances then you should instruct a family solicitor to engage with him about resolving what is to happen to the house.
In order for one person to have the property transferred in to their sole name (ie. buying the other out) that person would have to be able to receive a mortgage offer in their sole name.
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