Charge on house after split

Paddy29_2

Hi, I need some advice if you would be so kind.

I bought a house with my ex-partner 18 months ago but we split 8 months afterwards. My ex moved out of the property but at that point we hadn't paid enough of the loan off for our lender to allow me to take the mortgage on myself. However, they advised after 6 months this would be allowable.

I agreed at the time with my ex (verbally only) that she could stop paying her half of the mortgage on the basis that I get a lodger in and she would sign over her proportion of the house (about £5ks worth) for no fee once the mortgage could be signed over.

We are now 6 months down the line and she has changed her mind and is wanting to put a charge on the house for the £5k. My argument is that had the house been put on the market at the time of the split she would have ended up losing money because the value had gone down and she would have had to carry on paying the mortgage whilst we tried to sell it.

We have a declaration of trust in place so that the first £23k of the house gets split £18k for me and £5k for her and the rest is split 50/50 (after various fees).

Does she continue to have rights to 50/50 of the house now that she is not paying any of the mortgage? Could I force here to pay me back for the last 6 months of mortgage payments and then sell the house? If I put a charge on the house would she be entitled to a proportion of the value for me spending money improving the value of the house? What if my lender refused to accept the charge? If I rented out the property in the future would she be entitled to any of the income?

Any advice would be greatly appreciated

Yorkie1

OP as you have replies in your identical post on another board, I suggest anyone who wishes to respond does so also on that thread.
https://forums.moneysavingexpert.com/discussion/3687161

It gets very confusing if people post a question more than once / in different places.