Please help, advice on taking x's name of mortgage

Thegreek77

My girlfriend is in dire need of some advice. Her x walked out on her and his child 12 years ago, they had a joint mortgage. He hasn't paid anything in 12 years. My girlfriend has been paying the mortgage and bills ever since, she has only just started the ball rolling regarding taking his name off. She has spoken to a solicitor and sent a letter regarding the above, he has replied saying he wants 40% of the value of the house and wants to wait till his daughter is 16 before forcing sale of the house. He hasn't contributed in any way to the house or his daughter during past 12 years. Her mother died recently and I don't think she can cope much longer. Can anyone please advise me on how I can help her? Thanks

caren_prangley

Morning

I had a 3 year battle with my x to take his name off, but only because he held it up - he wanted 40% and tried to get me to sell then, but as i had 3 children in the house and hadnt defaulted on any payments it was agreed i could keep the house till my youngest is 18 years old. He eventually after a very costly battle got 20% which i think was far to much as he hadnt contributed that much towards the property and wouldnt be in the course of whats left on the mortgage. But thats that the fact is he cant have anything till my youngest is 18 which is security for us.

Have a chat with your solicitor and see what they recommend that you do?

Hope this helps :money:

hamstercheeks_2

Thegreek77 wrote: »

My girlfriend is in dire need of some advice. Her x walked out on her and his child 12 years ago, they had a joint mortgage. He hasn't paid anything in 12 years. My girlfriend has been paying the mortgage and bills ever since, she has only just started the ball rolling regarding taking his name off. She has spoken to a solicitor and sent a letter regarding the above, he has replied saying he wants 40% of the value of the house and wants to wait till his daughter is 16 before forcing sale of the house. He hasn't contributed in any way to the house or his daughter during past 12 years. Her mother died recently and I don't think she can cope much longer. Can anyone please advise me on how I can help her? Thanks

well for a start she's due maintenance - backdated!

She needs to prove that she's been paying the mortgage independently from him for the past 12 years, she has also had the economic burden of caring for his child too.

speak to a solicitor, do the sums, find out what she has contributed to the mortgage over the years and what he has not and should have - also by way of maintenance

Debt_Free_Chick

This has to be a case for a solicitor. As they own the property jointly then - in the absence of any other evidence - they own the house 50/50.

However whatever share they agree on, he would only get that %age of the equity i.e. the value of the property less the outstanding mortgage. If the mortgage is repayment, then she may have some room to negotiate for a share higher than 50% in view of the capital she's repaid in the past 12 years.

badboybill

Whats missing here is one key fact. How long has the property been in both their names?

The reason I ask this is why is he asking for 40%! The x must have contributed something towards the house otherwise facts withstanding he won't be entitled to anything. The x MUST prove this otherwise if it goes to court he'll be in for one hell of a shock.

Where there is a breakdown in a civil partnership both parties must prove contributions when there is profit from a sale.

Debt_Free_Chick

badboybill wrote: »

Whats missing here is one key fact. How long has the property been in both their names?

The reason I ask this is why is he asking for 40%! The x must have contributed something towards the house otherwise facts withstanding he won't be entitled to anything. The x MUST prove this otherwise if it goes to court he'll be in for one hell of a shock.

It's jointly owned - or at least, it's 99.9% certain that it's in joint names, as the mortgage is joint. Lenders insist that the ownership on the deeds matches the names on the mortgage.

Where there is a breakdown in a civil partnership both parties must prove contributions when there is profit from a sale.

Not at all - if there's more than one person named on the deeds/title, then those named all own a share - equal shares, unless there's paperwork to show otherwise.

And this wasn't a civil partnership

I don't think that contributions and/or the length of time are relevant. If you own your property, you can transfer a share to another person without that person contributing anything i.e. as a gift and they're entitled to that share (pretty much) immediately.

badboybill

DFC,

There was a high court ruling, August last year I think, where a couple (not married) were arguing over 10% difference 60/40 on a 500,000k property. The lady in question who paid most of the bills won the case by proving she paid more then 50%.

Marriage rules do not apply.

Thegreek77

Thanks for the advice, she was never married to him, and his name is listed on the deeds. She has spoken to a solicitor regarding the case, and he has mentioned bringing up child support as her ex hasn't paid a penny in maintenance. Just waiting for a court date, it's taking a long time. The house is in need of a full rip out, as it's not been maintained, just don't fancy paying all the money to get the house modernised for her ex to profit.

Thegreek77

The house has been in her both names for 14 years, both paid mortgage for the first 2 years after that he left her with the mortgage and she has been paying it ever since, she has all the bank statements etc.

dimbo61

Phone call to the CSA as you now know his address asap
He has a child and should pay for her