Ex Husband Not Payed Mortgage for over 4 years

becki1824

My Ex husbabnd and I divorced 1 Year ago but have been separated over 4 years. He has not payed anything to the joint mortgage we took out.

The house was mine originally through the council right to buy scheme as i was the sole tenant and he came onto the mortgage 2 years later when we got together. Sine he has moved out I have paid an average of £500 a month mortgage which is over £28000 and there is less than £20k equity in the house of which the first £10k belongs to me under the right to buy scheme. We have no children together. I have a 13 year old from a previous relationship.

He will not take his name off the mortgage and I am wondering what he would be entitled to before we go to court. Thankyou very much in advance

opinions4u

becki1824 wrote: »

He will not take his name off the mortgage and I am wondering what he would be entitled to before we go to court. Thankyou very much in advance

It depends on a wide range of factors which, to be honest, I wouldn't want to begin to guess at.

Get a decent solicitor and play the "he put nothing in to the property so he should take nothing out of it" card.

Batchy

Sorry to say this, but even if his name is not on the mortgage if he has lived with you as a partner for a length of time he could quite genuinely have an interest in the house.

The only way to have avoided this is Rent book, where he pays you rent each period.

The fact he is on the mortgage suggests he is entitled to 50% of the proceeds after sale. Should there be a dispute, ie the fact you had 10k as a right to buy entitlement is fine, but that is not because of a deposit, it was just reduced value on the house. If he was living there at the time ... it could be even deemed that he was entitled to that.

Just the fact his name was left off the tenancy was just a paperwork "problem"...

Was he living there at the time when you brought it? Has he contributed to the "family" and paid his way, paid for holidays? etc etc etc?

a fair payment sounds like it would be valuation, less 10k less property value increase over first 2 years, split 50% less legal fees...

might be worth 3k maybe? ;-)

Batchy

this kind of issue cost a woman at work 16k to pay off her ex... she was not best pleased and his name wasnt even on the mortgage!

:-(

Viper_7

Yes irrelevant that he may not have contributed, if his name is on the deeds then the assets are split.
He could argue he paid for bills/food/maintenance or what ever.

I've been in this situation, my ex wife Never EVER contributed to the mortgage of bills, I was a fool to put the house in joint names. She got about 75% of the assets (Child involved)
Get a good solicitor, but it's a very unfair system, and it will cost a helluva lot if you start pulling all the evidence of who did what together.

Viper_7

Batchy wrote: »

this kind of issue cost a woman at work 16k to pay off her ex... she was not best pleased and his name wasnt even on the mortgage!

:-(

only 16K? Was lucky! Cost me about 120K!

becki1824

I had the mortgage for 2 years before i met him then when he moved in he went onto the mortgage. I paid all our debts off when he moved out onto the mortgage with his consent. He had a bad credit history and so we never got the best deal when it came to mortgages. Some work needs to be done to the housealso. Is he liable for half of that as I do not want to get it done with my money for him to profit with.

Emmzi

becki,

no one here can possibley say! Seperation of assets is a complex business and you need proper guidance from a solicitor.

Does he WANT half the equity? Have you discussed it with him?

Xbigman

There is a difference between a joint mortgage and joint ownership. If you have divorced and the house (deeds + land registry) is in your name and the divorce did not include any settlement involving the house then its your house.
Getting his name off the mortgage is another matter completely. Though if you don't want to move then its a moot point.

In any event he can get a solicitor and have a go at getting part ownership if he wants to. You should get legal advice urgently from the same solicitor that handled your divorce. Ownership of the house should have been settled already.
Regards


X

becki1824

It has been going through solicitors for the last 3 years and getting nowhere. I really dont think he is doing it for the money it is so he has a hold over me as the solicitors costs/court costs will be extremely high and there isnt too much equity in the house. Thanks for all your advice