Ex wants half of equity

robjoe2010

Hi everyone, not sure I'm in the right place here so please point me elsewhere if you think I should be in another part of the forum...

Me and my ex were only together 7 years and married 1. I added him to my mortgage but to be honest it was in negative equity when he left. We did a consent order which basically stated we couldn't claim anything from each other but we didn't do the 56 day equity transfer into my name as NRAM wouldn't allow it....this was 5 years ago.

Due to my health, I have decided to sell and me and my new husband are going to rent, hubby has been paying the mortgage interest as we couldn't afford the full repayment. It turns out that we have around £15000 equity in the house now which would have helped us get clear and start again but when we contacted my ex, he said he wants half! Is this right ?

Thanks for reading me.

fivetide

I suspect, if his name is still on the deeds it will be.

Others will be along to advise for sure....

duchy

So for five years your ex husband has been paying part of the mortgage payments each month - as you (and your new partner) couldn't afford to - so he helped you avoid repossession and you think he's entitled to nothing ? or something else ?

arbroath_lass

duchy wrote: »

So for five years your ex husband has been paying part of the mortgage payments each month - as you (and your new partner) couldn't afford to - so he helped you avoid repossession and you think he's entitled to nothing ? or something else ?

I think/hope the OP means her current husband is paying.

robjoe2010

He hasn't paid anything at all towards the mortgage and never did when he was here Duchy..

robjoe2010

I should have said my now husband:/

thorsoak

If, when he stopped contributing to the mortgage it was in negative equity, then I do not see why he should benefit now that the market has moved on. Unless, of course he is prepared to pay you half of the payments that you and your new husband have made during that time. However, if you need his signature to progress any sale, he could prove difficult - it might be worth agreeing to a token amount, just to gain his co-operation. Think you need to take legal advice on this!

robjoe2010

I think you might be right about a solicitor and I think its the woman he left me for that's typing his text messages, I can tell by the spelling. I almost feel like his personal savings account, I put the money in whilst he watches it grow. The consent order said we couldn't claim anything from each other, hoping that will hold some hope.

arbroath_lass

thorsoak wrote: »

If, when he stopped contributing to the mortgage it was in negative equity, then I do not see why he should benefit now that the market has moved on. Unless, of course he is prepared to pay you half of the payments that you and your new husband have made during that time. However, if you need his signature to progress any sale, he could prove difficult - it might be worth agreeing to a token amount, just to gain his co-operation. Think you need to take legal advice on this!

What if (morally not legally) he had been unable to get another mortgage because his name is on OPs? He will have been paying rent when he could have been paying his own mortgage (gaining equity). He would also be liable for payments to a mortgage but get none of the benefits?

*Just thinking aloud*

fivetide

Sadly morals don't come into it. The issue is what he is (or isn't) legally entitled to.

I fear if he owns half the house in terms of land registry then he gets half the equity.

As said thought, consult a legal beagle to be sure exactly where you stand. Given the value involved, it looks like it could be money well spent. Also, you should get the first 30 mins free, a decent solicitor should be able to tell you straightaway whether it is worth fighting.

comeandgo

You signed something that said you would not claim off each other but half the house is his, he is not claiming off you, he is claiming his own share.