I`m getting divorced from my wife as she cheated on me we have a daughter together I now have another child on the way with my new partner we live I`n my house with her 4 children can my ex force sale and refuse to let me buy her out

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7 years ago me and my brother bought our parents home because they wanted to move. he got married last year and before that i gave him £10,000 to by him out with the knowledge he had to get his name of deeds and mortgage. he's made no payments to the house or upkeep in at least 3 years maybe more and my girlfriend is expecting our first child?

If you are joint owners and you can't agree then he can apply to court requesting a decision about the property. In most cases the decision is for a sale, so the parties can get their share and move on. The fact that you have given him money and he has made no payments might affect the relative shares that you each own, and so the share of the proceeds to which you are entitled. Its possible that the court would decide that you payment would have been enough to buy him out, but this will need a court decision. For anyone else in the same position, you should have had the paperwork properly sorted at the time you made the payment. Although you cannot just take your name off a mortgage, so you would have also needed (and still will if you're going to keep the place) to apply for a new mortgage in your name only.

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Hi i hope someone can help me, i'm new to this! here's my problem - i moved in with an ex three years ago and have a joint mortgage but the house is now in negative equity. basically my ex ended the relationship but because he couldn't afford the mortgage that i would stay living there for the time being. i told him a few months later that i needed to sell the house because i could only just afford to live there or that he needed to sign the house over to me so that i could move a friend in to help with the bills as he was refusing to give me any more toward the mortgage. he had moved in with his new girlfriend, but was refusing to give me any money towards bills and i had no contact address or number to find him. he then got in touch with me and said that he wanted to move into the house with his girlfriend which i agreed but then at the last minute again changed his mind. i have now been living in that house alone for nearly two years, my ex has not given me any money towards the mortgage. i had an estate agent round who valued the house and told me that a bit of work needed to be done on the house in order to put it on the market for what we had originally brought it for. i have done this work and again paid for it myself. my ex has now agreed to sell the house but he wants his own estate agents round there to value the house. the problem is he has no keys - i locked myself out of the house and had to have the locks replaced, and when he did have keys he kept coming in and taking things without me knowing when i was at work like the laptop and a games console that i had brought. i don't want him to have keys to the house but know that he won't come round and have the house valued if i'm there. i'm so annoyed that i've been paying everything for the past two years and it seems that my ex can just get away with anything - he is still liable for half that mortgage but he doesn't pay it and i don't know what to do. my only other option is forcing the sale but i don't know how to go about doing that or how much it will cost me? also do i have to give him keys to the house when he hasn't paid anything for so long? i've done a lot of work on the house and i don't want him to ruin it, i'm worried that he will agree to put it up on the market but will then refuse any offers we get to try and get the most money for the house so that our debt is not as high at the end. i'm not bothered about the debt now though i just want the house gone, i'm the one who is scraping by trying to afford to live :( thanks for any help, x

as far as getting his own agent to evaluate the house, if you have your own, then get yours to contact his to get the evaluation done. the rest, his name on the mortgage means he is responsible for half but a lawyer is going to be your course of action.

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A friend bought a home with a girlfriend. her names was used on the mortgage becuz she had better credit. both of teir names are on the deed to the house. they have broken up., she moved out, and he cant afford the house so its in foreclosure. he was adviced by a slick lawyer to just stay in the house until foreclosure and then leave and because he didnt sign the mortgage papers, he isnt responsible, the mortgaage company won't/can't come after him and his credit won't be affected. is this true? can the ex girlfriend sue the guy? can she legally force him to be responsible for the mortgage repayment? - thanks for the advice.

Mortgage is hers; foreclosure is hers, credit screwing is hers. If she wants to try and go to court to prove there was a agreement that he reneged on to make payments and she can prove it, that's one thing; but as you present it, the law is only concerned with the person who has signed the mortgage.

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I have been divorced for a year and my ex has since relocated to another state (about 30 mins away) and moved in with his girlfriend. i also have a boyfriend and we are considering moving in together, but i am nervous my ex can force me to sell the house if he knows my boyfriend lives with me. we bought the house together when we were married and i have a 4yr old who has known no other home. i pay the mortgage, but there is a home equity loan in his name that he pays. am i right to be concerned or does he have no rights over who lives with me in the home?

OK all that should have been spelled out in the property settlement from your divorce. I suggest you get a hold of your lawyer and have him/her explain what the deal is.

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I bought a multifamily house with a girlfriend in 2005. we purchased the house for $480,000; i put down $70,000 and she put down $7,000. we have a partnership agreement which stipulates equal ownership--we split profits and losses 50/50 after return of capital investments. she and i have since broken up but still own the house together. i have a wife and a new baby and want to get out of this partnership but she refuses to put the house on the market. if i force a sale, it will go to court and the house goes to auction. this means that it could sell for much less than we owe on it and we could both lose a lot of money. we rent it out but she lives in one of the units. the rental income plus the money she contributes (which is equal to a fair market value in rent) covers the mortgage. she is trying to claim that because she has been paying down the mortgage she is entitled to a greater percentage of the house's value. this is ridiculous considering that i could be renting the unit to a tenant if she were not occupying it. the house is in a very desirable neighborhood where apartments are easy to rent. also, she could never have owned this house without my down payment. what can i do to dissolve this partnership? is there some way to get her to move off the premises or to force her to sell the house without going to court and risk losing money auctioning off the property? thank you so much for your help with this question. thank you for your answers so far. very helpful and thorough. i live in the us. i have a lawyer but all he can do is write letters stating what my rights are according to the law. i have thought about buying her out but she is irrational and wants her investment back plus what she has put in to the mortgage (through monthly payments--equal to rent) plus equity, which in this market seems unfair. i have offered to let her buy me out but she could not secure a loan (or says she couldn't) because she doesn't have money to put down. why should she try when she has an interest free loan from me for 70 grand?

She IS getting a bigger percent by paying down the mortgage (we split profits and losses 50/50 after return of capital investments).You are paying down the mortgage too. Its pretty obvious that you are not going to make any money on this deal. Take advantage of your contract and have her split the LOSS. Split a little profit or split a big loss? When she sees that you are willing to do that she will become more reasonable. You already know this was a huge mistake. It sounds like you only want out because it is causing tension in your marriage by the fact that the mortgage is being made. The fact that she slept her way into a $7k deal means nothing. In the long term the deal may make good. I would try to sell the deal to your wife as a good investment being partially funded for you. But if you need out then force the sale and take your losses. Divorces aren't cheap either, though sometimes worth the price.

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Help i need some advice! my husband and i have separated and been living apart for sometime now. he had an affair and has since moved in with his new girlfriend. we still see each other as we have a little girl together but we are getting a divorce and trying to move forward with our own lives. when my ex left i was forced to put our home up for sale (which is not all bad as i wont to move away to start a fresh). until the house is sold my ex promised to continue paying for his half of the mortgage. however he has since moved into a new place with his new partner and said he cant afford to pay his half of the mortgage anymore. so for the last two months he hasn't paid and we are now in arrears. i am desperate for the house to sell but it just isn't happening. i found out a few weeks ago that an offer was made (the estate agent only saw it necessary to tell him) and he turned it down as he said it wasn't enough!!! now i am left with the threat of the house being repossessed if it is not sold before october and thousands of pounds to pay. i can understand he wants to move on and get on with life with his new partner but i am left with all this mess. it is his house too and he hasn't done anything to improve the chances of selling it. anyone been through something similar? help!!

we need Specialist advice for stuff like serious ill health, violence and mortgages. You need to contact a solicitor NOW Please do it today You usually get the first hour free if that's any consolation make that call, it's costing you every moment you don't

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How do i get my ex girlfriend out of my house? she has now moved back into my house and lives there. 18 minutes ago - 1 week left to answer. additional details my ex girlfriend and i have a 1 year old son. i am in texas. she took my son in june and moved out of my house that i bought in october 2008. now she has filed a restraining order against me not to come in my house claiming that we were married last year. she said she has a valentine's day card from me that says "wifey" and she also has a picture of me wearing a ring on my left handed ring finger. one day about 2 weeks ago, she called me and told me to come open the door to my house and let her in. when i got there, she took a hammer to my front door, knocked the lock in, and had a locksmith there to change the locks. as soon as i walked into my house, the police showed up and told me i had to leave my property. that they were sorry but the papers stated that i could not be in the house. now i am forced to continue to pay my mortgage and all the utilities in the court order. these papers were filed without me even going to court. how is this possible? what are my options? she is not anywhere on my mortgage or anything. she has now moved back into my house and lives there. there is no marriage license- so i am pretty sure she is claiming common law. but i have never had any intentions of marrying her because she's crazy. she's got 2 other kids with 2 other daddies. one of which she signed all her rights over in november 2008. the other child lived with her grandmother for 3 years. she and i got together in april of 2007. we didn't move in together until may 2008.

You appear to be a woman. Same-sex marriage is not legal in Texas. Call an attorney.

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This is his story: my ex girlfriend and i have a 1 year old son. i am in texas. she took my son in june and moved out of my house that i bought in october 2008. now she has filed a restraining order against me not to come in my house claiming that we were married last year. she said she has a valentine's day card from me that says "wifey" and she also has a picture of me wearing a ring on my left handed ring finger. one day about 2 weeks ago, she called me and told me to come open the door to my house and let her in. when i got there, she took a hammer to my front door, knocked the lock in, and had a locksmith there to change the locks. as soon as i walked into my house, the police showed up and told me i had to leave my property. that they were sorry but the papers stated that i could not be in the house. now i am forced to continue to pay my mortgage and all the utilities in the court order. these papers were filed without me even going to court. how is this possible? what are my options? she is not anywhere on my mortgage or anything. she has now moved back into my house and lives there. there is no marriage license- so i am pretty sure she is claiming common law. but i have never had any intentions of marrying her because she's crazy. she's got 2 other kids with 2 other daddies. one of which she signed all her rights over in november 2008. the other child lived with her grandmother for 3 years. she and i got together in april of 2007. we didn't move in together until may 2008.

Get yourself an attorney now. The longer you let her get away with this the more it will appear as if you agree with this situation.*