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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22620
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Separating with partner of 17 years . ( not married ) Living

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Separating with partner of 17 years . ( not married )
Living together for 15 .
Joint Mortgage .
No dependants .
His choice , ( just wants to chance his life ! ) literally the only reason I have been given . He states he wants to move out but will continue paying the mortgage , until I decide what I want to do and find somewhere else to live then sell the property .
His behaviour at the moment is so unpredictable , that I really feel he may state that he will continue paying the mortgage today then change his mind tomorrow .
Is there a way I can protect myself here ? Can this be written into an agreement , so that he is unable to break the agreement .
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name isXXXXX and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.

Have you contributed to the mortgage repayments?
Customer: replied 3 years ago.

yes , and all of the utilities , insurances , council tax etc

I have to ask why he is Volunteering to pay the mortgage.

Don't you trust him?

Customer: replied 3 years ago.

Because he claims to want a new life ( I wasn't aware of any problems or that he was unhappy ) . None of it really makes any sense . He then claims he knows it is his choice , I have no say in it but that he isn't going to see me homeless etc . he just doesn't want to be with me . His entire behaviour is so out of character I'm just so worried that he may say this now , then change his mind , and Ill have no where to go , or he wont continue to pay and then we could loose the property .No don't trust him . Its like watching / dealing with a complete stranger not someone I've known for 26 years , let alone been with for 17 .

Thank you. The legal situation is that he does
not have to pay the mortgage or the bills of a house that he does not live in
although he remains liable to the lender if you do not pay.

He is not correct in what he says that a
solicitor will not let him sign an agreement which is not in his best interest
is using that as an excuse not to sign one in my opinion.

Many people take out, for example, loans and
mortgages which are not in their best interest and the lender will insist that
they take advice from a solicitor, and the solicitor will give the advice which
is not to enter into the agreement of the borrower will still do it anyway.

To be honest, properly drafted agreement is of no
more legal effect and a simple letter which confirms from him that he will pay
the mortgage etc every month.

The fact remains that whether you have a deed or
an agreement drafted by a solicitor or a top London barrister or a simple
letter in which he writes, in his own writing (extremely powerful if it is in
his own writing) that he will pay the mortgage on time every month and he doesn't,
you are faced with suing him in court. By the time to court the house would
have been repossessed.

I would ask in therefore to do a letter in his
own writing asking him to confirm to you that you can stay in the house as long
as you wish and as long as you want to stay there, he will continue to pay the
mortgage etc.

You might want him to add in at the end, that he
will not seek any further equity from the house when it is eventually sold as a
result of these payments.

If you want to get an agreement drafted, a
solicitor will probably do it for two or £300 and then you can stick it in
front of him to sign but you are going to have to do insist that he takes legal
advice on it and that the solicitor witnesses his signature and confirms that
he has indeed given legal advice on it. You will be responsible for that legal
advice which will be another couple of hundred pounds so the exercise is likely
to cost you about 500 quid.

I would just settle for a handwritten letter for
him at present unless you particularly want something drafted in legal terms.

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PS. I use voice type, voice recognition typing because I only
type with two fingers and it would take me ages. Sometimes, a computer does not
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sometimes they slip through. I apologise therefore if anything doesn't make
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