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INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11613
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Hi, I have just found out my partner has been unfaithful.

Customer Question

Hi, I have just found out my partner has been unfaithful. We own a house together i.e both our names are XXXXX XXXXX mortgage but I paid the deposit.  I have a deed of trust.


He works away at sea and I would like to leave the house before he comes home. What situation am I in? Can I stop paying the mortgage and leave? Can I force a sale? 


He has been violent in the past and I do not want to put myself in a risky situation. I did report it to the police.


I have paid all his debts off in the past and he pays me back monthly.

He owes me 7.5k.


My main question is can I leave the house so I'm not at risk of a confrontation?

Submitted: 3 years ago.
Category: UK Law
Expert:  INC replied 3 years ago.


Please remember to RATE my answer by using the smiley faces OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE. If you seek clarification please ask.


Hi, can I assume that you are not married to each other?

JACUSTOMER-hc6avbl4- : Hi, no we at not married. We have been together for 5.5 years and bought the house together in September 2009.

Hi, if you are not married, there is no issues regarding matrimonial home rights.


Id you are both named on the title, you both legally own the property in the shares detailed in the trust deed.


If your partner does not wish to sell, you can apply to Court for an order for sale. This would mean that the property would have to be sold.


If you stop paying the mortgage, the lender is likely to rrpossess the property.


I hope this answers your question. If so, kindly click accept.


If you wish to discuss, please feel free to ask further questions.


Many thanks,

JACUSTOMER-hc6avbl4- :

Can I force a sale? If I leave the house can he change the locks and stop me coming back to the property?


Hi, yes you can force a sale through the courts.


You will need to make an application to your local county court for an Order for Sale.

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