Joint Tenancy Split

Donald_Frump

My partners ex is still named on the mortgage, they purchased a house together as joint tenants approx. 15 years ago, using my partners large council discount in her name. Her ex paid the mortgage for no longer than 2 years before they split up, they were never married. They have 2 kids together who have now grown up and moved out, he never paid any maintenance. Now many years later, the ex has sent a solicitor letter saying he wants half the house, 50/50 split. We cannot raise any funds to buy him out, we have no savings & have a bad credit rating, we cannot therefore get a mortgage. We understand her ex is financially comfortable, married with house & business etc. We appreciate he is owed something, but disagree it should be 50/50 equal split. We understand as they took out the mortgage as “joint tenants” then the law is on his side, it just seems totally unfair as he has only paid in so little ! If we refuse to move, saying we have nowhere to go, can he force the sale ? If we took it to court, would a court take into account his nominal payments and divide the split in our favour ? Any advice would be appreciated.

BitterAndTwisted

Donald_Frump wrote: »

If we refuse to move, saying we have nowhere to go, can he force the sale?

As long as he has the money to bring an action in court he can ask for whatever he wants. Whether a court would agree with him is another thing entirely.

If we took it to court, would a court take into account his nominal payments and divide the split in our favour ? Any advice would be appreciated.

There's no knowing what a court would decide. If it were me, and you had documentary evidence, then I would be persuaded to award him a lot less than 50%

simpywimpy

This happened to a friend of mine who left her hubby then years later demanded her share of the marital home (once the kids had left) and unfortunately they had to pay. How much however I believe is challengeable.

I would see a solicitor before doing anything and if you can't alter the sale of the house, see about a court order for the years of maintenance he still owes you towards the children.