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    It's a difficult one and I am confused. On one had you seem to say that the person living in the property is responsible for all of the outgoings and on the other hand you seem to be complaining that he is not contributing yet he is not living there.

    He is legally bound to pay some money towards upkeep of the children I believe however as usual with something like this the only real way forward is citizens advice bureau. If they cannot help you go to a solicitor.
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    go see a solicitor and 'sever the tennancy'. This means you are no longer liable for his part of the mortgage. It also means that if you die he doesn't automatically have any right on the house.

    As you are on here i'm assuming you are on a low income if so can you get legal aid? I got it for my divorce which meant when my ex kept ripping up letters from my solicitor we could send a baliff round to serve the notice and I didn't have to pay. I know it's different if you are cohabilitng.

    Your best bet may be to go after him for support for the children. By the time the youngest is 18 you will have been living in the property alone and paying all the bills for nearly 20 years and if he tried to get you to move he wouldn't have a leg to stand on because he has breeched the terms of the deed.

    I really think you need proper legal advice.
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    This has had answers posted elsewhere with the replica posts
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    (Original post by sashh)
    go see a solicitor and 'sever the tennancy'. This means you are no longer liable for his part of the mortgage. It also means that if you die he doesn't automatically have any right on the house.

    As you are on here i'm assuming you are on a low income if so can you get legal aid? I got it for my divorce which meant when my ex kept ripping up letters from my solicitor we could send a baliff round to serve the notice and I didn't have to pay. I know it's different if you are cohabilitng.

    Your best bet may be to go after him for support for the children. By the time the youngest is 18 you will have been living in the property alone and paying all the bills for nearly 20 years and if he tried to get you to move he wouldn't have a leg to stand on because he has breeched the terms of the deed.

    I really think you need proper legal advice.
    First, she needs to find out if she holds the tenancy with her partner as joint tenants or tenants in common. If the latter, then the tenancy can't be severed, since by its very nature it is already so.
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    (Original post by muncrun)
    First, she needs to find out if she holds the tenancy with her partner as joint tenants or tenants in common. If the latter, then the tenancy can't be severed, since by its very nature it is already so.

    Thxs for the advice, yep we had the deeds drawn up as a deed of trust and we are tenants in common....

    He is defaulting on his payments hence ive issued a claim against him in the County Courts, im hoping this will make him think that he wont want to pay into this for the next 16 years...
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    Why the hell are you posting this on here? Go to see the CAB and get them to suggest good property lawyers.

    Fx

    (Original post by CFC1SEAN)
    Hello,

    I was wondering if perhaps you could offer me some free advice, in 1999 I brought a property with my then partner. When we brought our property we had a trust of deeds drawn up!

    The Trust of Deed states that when we sell the property the profits have to be split 50/50 which I do not have a problem with.

    We also had wrote into the Trust of Deeds that in the event we was to stop living together as cohabiters, then whom ever remains in the property with the children has to pay ALL out goings on the property AS SOON AS the youngest child reaches 18 years of age(unfortunately for me this is another 16 years away).

    The situation is that myself and my partner split up 2 years ago, I live at the property with my ex partners two children, I have been paying all the outgoings (mortgage, endowments, bills, insurances) on the property for the last 15 months as my ex partner REFUSES to pay a penny even thou according to the Trust of Deeds he signed he has to pay his half until the youngest child is 18 years of age.

    Ive been in contact with him via his mother as he refuses to give me his address, im trying to Issue a Claim against him at the county court for the arrears that he owes me dating back over 15 months, the amount im trying to claim is £3,000, ive told him of my intentions but he still wont give his address for the issue of my claim.

    As far as im concerned he owes this money and according to the Deeds of Trust he owes this money, he is also asking for exactly 50% for me to buy him out the property although I don't have this amount which he knows, and also im thinking that surely to get 50% he should be paying in the same 50% until our children are 18 years old. He cant force me to sell the house as that was also written in that the person not residing at the property cant force out the resident party as long as the children are below 18 years of age or six months after the youngest Childs 18 birthday.

    Is it possible to have him removed from the Trust of Deeds or from the mortgage on the grounds that he is defaulting and refuses to pay half the outgoings as he signed on the Trust of Deeds.

    If you could advise me that would be great, or if you need more information please re mail me.

    Many thanks :rolleyes:
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    (Original post by muncrun)
    First, she needs to find out if she holds the tenancy with her partner as joint tenants or tenants in common. If the latter, then the tenancy can't be severed, since by its very nature it is already so.
    Yep im excempt from paying all Court Costs as im on a low income, he is a right one as he only replies to the letters he wants to, if he was sent a thousand pound he would get it, but if you want money of him then he dont live there and gets his mates to say he lives with them, he played that card to the CSA costing me 8 months money... Hes a policeman as well the crafty git..... he can enforce the law but he refuses to abide by it, he tryed saying he didnt sign the deed of trust (i sent his solicitor a copy) hes pulled some right tricks over the last 18 months. ....
    thxs anyway people...
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    (Original post by Fluffy)
    Why the hell are you posting this on here? Go to see the CAB and get them to suggest good property lawyers.

    Fx
    Im posting it on here to get some suggestions and maybe share some stories with other people that are going through breakups.... If it offended you then perhaps you shouldnt have read it....
    thxs.
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    (Original post by CFC1SEAN)
    Im posting it on here to get some suggestions and maybe share some stories with other people that are going through breakups.... If it offended you then perhaps you shouldnt have read it....
    thxs.

    Not offended, but most peeps on this site are 14-18!!!
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    Check out the law forum as I posted a bit of advice on your duplicate thread there.
 
 
 
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