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INC
INC, Solicitor-Advocate
Category: UK Law
Satisfied Customers: 11689
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.

INC :

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

INC :

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.
INC :

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

INC :

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

INC :

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.

INC :

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

INC :

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

INC :

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

INC :

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?

INC :

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

INC :

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