Separating from partner and property

[wezc4]

Hi,

 

I am currently splitting up from my partner who I have a child with and we are not married. I personally have a mortgage on the property which we are living in and it is in my name. While living in the property for the last 5 years I paid the mortgage and my other half paid the bills such as electric, gas etc.

 

My partner also has a property of their own which I have no interest in.

 

Currently we are trying to work out how to move forwards, she is telling me I should sell the house as she wants 50% of the sale of the property.

 

Where do I stand here? How long can she live in my property for or can I ask her to move out?

[Rexroth]

Get a lawyer please for what must be a substantial sum of money.

[Andyorch]

You refer to your partner (5 years) ...the house is in your name...the mortgage is in your name and you pay it......so she is entitled to nothing..time to Brexit.

 

Andy

[BazzaS]

You refer to your partner (5 years) ...the house is in your name...the mortgage is in your name and you pay it......so she is entitled to nothing..time to Brexit.

 

Andy

 

Not always true.

 

Was there a deposit on the purchase rather than a 100% mortgage?

If so, what was the source of the funds?

 

Was this "rather than paying 1/2 the mortgage each, let's say you pay the household bills and I'll pay the mortgage to simply the accounting"?

 

A constructive trust may have arisen. You have to consider the intent of the parties at the time, and their overall behaviour during, before being sure nothing is owed.

[Andyorch]

Not always true.

 

Was there a deposit on the purchase rather than a 100% mortgage?

If so, what was the source of the funds?

 

Was this "rather than paying 1/2 the mortgage each, let's say you pay the household bills and I'll pay the mortgage to simply the accounting"?

 

A constructive trust may have arisen. You have to consider the intent of the parties at the time, and their overall behaviour during, before being sure nothing is owed.

 

Well that's for the poster to advise on the variables...as it stands on the initial post and information provided...no you are not required to sell the home in settlement.

[BazzaS]

Well that's for the poster to advise on the variables...as it stands on the initial post and information provided...no you are not required to sell the home in settlement.

 

If there is no constructive trust, the OP can tell her to 'jog on'.

If there is a constructive trust and the partner wants "their share" the OP can look to find the funds or leave the partner to have to apply to the court for an order for sale.

If it might go to court : where does the child live / who with?

[Andyorch]

The child's welfare and residency would be dealt with separately (if required) by a residence order presumably....as the partner already has alternative property.

 

As stated a lot of unknown variables come into play.

[MadScouser]

Would it be the case that if the partner also has a property then tit for tat could occur?

[wezc4]

Not always true.

 

Was there a deposit on the purchase rather than a 100% mortgage?

If so, what was the source of the funds?

 

Was this "rather than paying 1/2 the mortgage each, let's say you pay the household bills and I'll pay the mortgage to simply the accounting"?

 

A constructive trust may have arisen. You have to consider the intent of the parties at the time, and their overall behaviour during, before being sure nothing is owed.

 

Thank you for all the replies. The deposit was put down by me and my immediate family. Currently she is still living in the house while paying bills only.