My Partner and Ex both on Morgage with child envolved what are her rights?

GDB2222

The OP said the ex left of his own free will, giving me the impression that actually perhaps he ditched his gf and toddler.

The divorce laws in this country have long since stopped apportioning blame in this way, I think for good reason. You can't blame one partner for the relationship breaking down.

If he refuses to be taken off the mortgage with legal support this can still be transferred into her name as she is living there.

That's simply not correct. He owns half the house and the girl can't just take it from him. If they had been married, the court would order a division of the assets on divorce. As it is, the girl has few rights.

The OP and his girlfriend need some proper legal support regarding the house, she surely must quality for legal aid if she is on benefits.

Probably not. There's legal aid for virtually nothing but criminal cases these days, and that's going to be phased out. She might get legal aid help if she's being repo'd, but not for most civil cases. CAB would provide a bit of help.

The OP has not explained why he is not living with his girlfriend but is contributing to her mortgage

Like I said before, it's unbelievably good of him...

silvercar

The ex probably thinks that the mortgage ERCs and the legal costs would come to 20k, which would be 10k each. So if he obligingly agrees to a transfer of equity and lets the new BF take over the mortgage and live in his ex-house, then a payment of half that money would be reasonable as it is money the ex GF would have to find if she wanted the property sold.

A simplistic view of things, but a valid one. At least as valid as any other. If there is no equity (neg or pos) then I can't see any way you could otherwise think of a payment. Any possible future equity is supposition - it could be neg or positive.

poppyg_2

GDB2222 wrote: »

The divorce laws in this country have long since stopped apportioning blame in this way, I think for good reason. You can't blame one partner for the relationship breaking down.

That's simply not correct. He owns half the house and the girl can't just take it from him. If they had been married, the court would order a division of the assets on divorce. As it is, the girl has few rights.

Probably not. There's legal aid for virtually nothing but criminal cases these days, and that's going to be phased out. She might get legal aid help if she's being repo'd, but not for most civil cases. CAB would provide a bit of help.

Like I said before, it's unbelievably good of him...

Of course, 2 people make or break a relationship but the ex cannot escape his obligation to pay half the mortgage when he's still listed as joint owner, especially not contributing and then expecting money to officially escape from his share of the ownership

If she can show over a period of time he is not contributing to the household she can get the house transferred into her name

I am receiving legal aid for a housing issue - I work full time, currently on maternity pay hence the reason to quality for this so to say legal aid is only available for criminal cases is not true.

Some would say a bit too good to be true the OP paying some of the mortgage but each to their own eh, things we do for love and all that

Not wanting to argue at all by the way, we're all entitled to our opinions, just think without knowing all the facts the OP or his girlfriend should not be judged.

Caz3121

OP given that you believe the property is in neg equity, GF is on benefits and you are looking at a new mortgage and are you proposing to pay the deposit?...she is unlikely to get help with the mortgage payments on benefits so are you going to be paying it every month?