Unmarried Seperation with kids

[stephenseddon]

Hi, I wonder if anyone can help me.
Over a year ago I split up with the mother of my two children, who i had been with for over 16 years. I moved in with my mum and dad, didn't take a single item from the house and haven't asked for anything. I pay my ex child maintenence every month and I see my children regularly, to be precise they stay with me three nights a week.
However, I cannot move on from my current position with my financial state. My name is still on the mortgage, I daren't take it off as I feel I should be entitled to something.
I'm 36 and living with my parents, and there is absolutely no light at the end of the tunnel. Although I do not want my kids to suffer, I know my ex can afford to pay me what I feel I should be entitled to, so she will not be forced to sell the house.
She says I should take her to court, but I have already spent a small fortune with solicitors and got nowhere. There is no way I can afford to take it further.
Surely I should be entitled be a share, after all the financial contributions I have made over 16 years? I am left with nothing and she has a house with a lot of equity, and money from me every month.
I do hope someone can help me, I would appreciate any comments.

[Jack Hackett]

I've been in a similar situation myself and can tell you with some certainty that whilst your children are dependent on their mother, she will not be forced to sell the house. As I understand it, the only way you will be entitled to any money from the sale of the house is is you continue to pay at least half of the mortgage until your children are old enough to get a job or have left full-time education and you can then force a sale.
This is what happened to me and as my daughter was only about four at the time, I couldn't afford to pay maintenence and a mortgage and rent somewhere to live, so I gave up any claim on our property which incidently is now all paid for. You may want to consider seeing the DHSS to see if you can get reduced maintenence payments because of having your children a few night a week. It's quite a struggle trying to get what's rightfully yours but unfortunately, the law will always be with your wife while she has the children.