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the house and the ex???

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mog1673
mog1673 Posts: 5 Forumite
edited 20 March 2012 at 9:01PM in Mortgages & endowments
hi just need a bit of advice. was married to my husband for 10 years and had our own home. 5 years ago we remorgaged the property but a year later he left me for another woman. i gave him a few things from the house and that was it we was over. he offered to pay towards the morgage but never did. we have now been split for 4 years and he is now putting pressure on me as regards the house...we never got round to sorting this out and the same with the divorce as well. i do not want to sell as its my home, he rents a private apartment. i believe he shouldnt be entitled to anything...if we sold up we would be lucky to walk away with £2000 each but seeing as i have paid the whole of the morgage for the past 4 years and that also included the remorgage which he only paid toward in the 1st year we had it....anybody any ideas on where i stand??

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  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    m!!!673 wrote: »
    .anybody any ideas on where i stand??

    You either need to remortgage the property into your sole name or sell it.

    Consult a solicitor and formalise your separation.
  • neoman62
    neoman62 Posts: 39 Forumite
    You should seek legal advice.

    My tu'penneth is that it is irrelevant who terminated the marriage by whatever action. Further, unless you have things in writing hearsay doesn't count. I'd therefore say that the starting position of both parties is 50/50 and negotiate from there.

    However, whose opinion is it that there is £4,000 equity in the property after costs? You'd need to agree this as a starting position. He may be willing to accept say £1,000 now and waive any future rights?

    Be careful, a friend of mine and his ex-wife have been arguing over £5,000 for ten years and it has cost both parties that much in legal fees; the cleanest cut usually heals quickest.

    Good luck.
  • WhiteHorse
    WhiteHorse Posts: 2,492 Forumite
    As his contributions to the mortgage are minimal, he will not be in a good position, particularly as he moved out.

    However, you need to take legal action before he does - if he acts first, you could find yourself mired in endless and expensive arguments. See a solicitor and enquire about remortgaging in your own name.

    Why is a he now so keen to do something? It sounds like he has money trouble. If so, it looks set to get nasty, so you should act now.
    "Never underestimate the mindless force of a government bureaucracy
    seeking to expand its power, dominion and budget"
    Jay Stanley, American Civil Liberties Union.
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