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    • Househelpplease
    • By Househelpplease 7th Jan 18, 2:25 PM
    • 2Posts
    • 0Thanks
    Househelpplease
    Need some help re separation and property please
    • #1
    • 7th Jan 18, 2:25 PM
    Need some help re separation and property please 7th Jan 18 at 2:25 PM
    Hi,

    I joined on Friday to ask for some advice but was told to try in this section instead. I have friends who have had fantastic advice on this site and am hoping for the same.

    I have a difficult situation here which I know needs legal advice and am waiting to hear back from law firms on this but as yet havenít managed to speak to anyone.

    I bought a house with my wife 10 years ago. It was a shared ownership basis with the developers retaining 25% which would need to be repaid at a later date. The mortgage was taken on an interest only basis but this was to be changed over the coming years.

    We separated 2 years later and agreed that I would no longer contribute to the mortgage due to having to pay my own rent but that my ex wife would remain living in the house due to us having children. I paid child maintenance of course.

    I have been asking my ex to sort out the situation and she insisted the 25% was no longer payable due to a breach in the contract with the developers. It has been over a year and nothing has been done (I admit I should have taken action long ago but believed her promises that she would deal with it).

    She now has a new partner living in the property with her.

    I have to be honest just got on with my life and allowed her to live in the house as her own as I was there so briefly (only one fifth of the time the house has been owned). I was taken off any mailing lists and just allowed her to pay the mortgage trusting all was well. I knew the time to repay was nearing and began to put pressure on her to let me know what was happening. She kept promising it was all ok but I was worried. It all came to a head and I now know that my ex has continued to only pay the interest on the mortgage despite telling me it would be Ďsortedí.

    The house is now in negative equity and the developers want their 25% this year. My ex is insisting I owe half of this. I understand that as my name continues to be on the mortgage the legal stance is that we are jointly and severally liable but considering she has had use of this house as her own for 8 years, and me having to rent (obviously I canít buy another property due to this mortgage), her having chosen to only pay the interest and not taking any responsibility for actually repaying this or dealing with it despite promises, that she now has a new partner living there, I donít feel this is right.

    Would I have a case to counter this request for half of the money? I absolutely do not have this and it would probably force me into bankruptcy.
Page 1
    • dimbo61
    • By dimbo61 7th Jan 18, 9:54 PM
    • 9,643 Posts
    • 5,207 Thanks
    dimbo61
    • #2
    • 7th Jan 18, 9:54 PM
    • #2
    • 7th Jan 18, 9:54 PM
    So what have you done for the last 8 years ?
    Can you afford to buy another property on your own ?
    Have you saved a deposit ?
    Does your ex wife work, what about her new partner ?
    The developers will not be keen to reposses the property with kids in the house.
    Selling with negative equity ?
    • Arklight
    • By Arklight 7th Jan 18, 10:20 PM
    • 827 Posts
    • 1,464 Thanks
    Arklight
    • #3
    • 7th Jan 18, 10:20 PM
    • #3
    • 7th Jan 18, 10:20 PM
    Can you explain what this 25% is about?

    Shared ownership usually means you own party of the property and rent the rest.

    You should really have come to a written agreement with your wife on separating as to how the assets would be divided as her argument will be that if it had made £200k you would expect your share of that. Or it will be as soon as she speaks to a solicitor.

    If you're on the mortgage then you're liable for repaying the mortgage. Sitting tight may be the best course of action as whoever it is that wants the lump sum may not repo.
    • G_M
    • By G_M 7th Jan 18, 10:23 PM
    • 42,748 Posts
    • 49,964 Thanks
    G_M
    • #4
    • 7th Jan 18, 10:23 PM
    • #4
    • 7th Jan 18, 10:23 PM
    I bought a house with my wife 10 years ago. ....

    We separated 2 years later and agreed that I would no longer contribute to the mortgage due to having to pay my own rent but that my ex wife would remain living in the house .
    Originally posted by Househelpplease
    Very unclear whether you are married or not.

    If you are, it's time you got a divorce. This would involve a settlement which would include the property.

    If you are not, then what was agreed in the divorce settlement?
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