Posted on 23 February 2011 by Ross
I split with my partner of 11 years in May 2009. We have two children together 4 and 10, and she has a child from a previous relationship 14, who I have bought up since he was 2 years old.
I moved out of the joint home, back to my parents, and she moved a new man in within two months.
I have parental rights over both my children and pay for them. The eldest child receives monies from his biological dad. We have about £30k in equity before fees in the house.
I have now met a new partner and would like to buy a house together, however I have been advised that due to my income I cannot have two mortgages. I have said to my ex partner that I would like to sell the house so we both have some money to start again with our new partners. She has applied to our current mortgage provider who has said she does not have the income to have the house as she has lost her job and she will not commit to her new partner and get a joint mortgage with him.
What can I do to either get my name off the mortgage or can I force a sale?
She has not declared to the mortgage company she has a new man living there; am I entitled to charge rent to them?
I would like to buy a new house which has enough room for my children to stay with me, as opposed to us staying at my parents house which only has three bedrooms as it is.
If your ex partner has tried and failed to get your name removed from the mortgage then the only way for you to achieve this is for the house to be sold and the mortgage repaid.
I recommend that you take independent legal advice about the options open to you, especially as the property is currently home to your two children.
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