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Urgent advice needed x

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  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    A lot more information needs to be provided. How long ago did you buy the house? You put £21K down, did he put anything at all? You said he paid the mortgage for 6 years, is that since you bought it together? Was that until you separated or until now? Did he pay part of the mortgage or all of it. How many more years on the mortgage?

    Do you work (ie. could you afford to sale and buy something else on your salary alone)? Would you be able to pay the mortgage alone?
  • Partner left me 2 years ago for a younger woman while I was pregnant with our 4th child. He left our home in a unfinished state... Boiler had been condemned by British gas I had sockets and switches hanging off the walls and live wires hanging. My parents have since installed new boiler and had all electrics made safe. Other than child maintenance he pays nothing for house.

    He now wants me to sell house and give him the 50% equity he feels he deserves. ( loser)

    I paid 21k deposit althought he paid Morgage while he lived here for 6 years.
    House bought for 135k and has been valued at 225k

    We are tennants in common but if I sell my home would he get 50%??

    Sorry if I'm waffling :( xx


    Definitely get legal advice. You say you can't afford it, but to be honest, you can't afford not to. Matters are complicated by the fact that you put down a large deposit, but don't worry that he paid the mortgage for six years. Presumably you were either paying other bills, or you were bringing up the children that you have together.


    My ex tried to bully me into selling quickly. He also told me that I wouldn't be entitled to anything as he had paid the mortgage. I didn't know about MSE at the time, but fortunately I knew that I was entitled to something. It turned out that as I was at home bringing up our children, and unable to work as one of the kids has major disabilities, the court recognised that I had made an equal contribution to the household - it may not have been a monetary contribution in the latter years (although it certainly was for the first eleven years!), but the court still saw my contribution as equal.


    As it happens, my ex has to wait an awfully long time before he receives his share of the house. In my case, the house is adapted for our son's disabilities and the judge made an order to allow for him to continue living there, with myself as his primary carer, for a long time past his 18th birthday, but this was specific to my case.


    Please do seek legal advice - I found my solicitor in the Yellow Pages and chose them because they specialise in family law.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Partner left me 2 years ago for a younger woman while I was pregnant with our 4th child. He left our home in a unfinished state... Boiler had been condemned by British gas I had sockets and switches hanging off the walls and live wires hanging. My parents have since installed new boiler and had all electrics made safe. Other than child maintenance he pays nothing for house.

    He now wants me to sell house and give him the 50% equity he feels he deserves. ( loser)

    I paid 21k deposit althought he paid Morgage while he lived here for 6 years.
    House bought for 135k
    and has been valued at 225k

    We are tennants in common but if I sell my home would he get 50%??

    Sorry if I'm waffling :( xx

    If you are not able to continue the mortgage payments, then you may have no choice but to sell, I suspect the mortgage payments were around £600pm? That's around £50k over the 6 years.

    The lenders will want their money and the house is secured against the loan, there is the clause " your home maybe repossesed if the payments are not kept up to date"
    Having children in there will make little difference to the business side of things.

    You will have to seek legal advice.
  • thx1138
    thx1138 Posts: 353 Forumite
    Whatever you do make sure he gets as little as possible, nothing at all if that's manageable. The guy sounds like a bum.
  • DUTR
    DUTR Posts: 12,958 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    thx1138 wrote: »
    Whatever you do make sure he gets as little as possible, nothing at all if that's manageable. The guy sounds like a bum.

    They may both lose out. And the solicitors order their new BMW M series.
  • surfsister
    surfsister Posts: 7,527 Forumite
    I've been Money Tipped!
    see a solicitor or citizens advice asap and don't agree to anything with ex until you've had advice. are there still legal aid solicitors or ones who give 30 mins free??
  • Cinders: wrote: »
    (it is written in the consent order that I must make sure that ex is never chased for a payment towards the mortgage).

    I am really surprised by this. What if you do default and he is chased? The mortgage company won't care about your agreement with your ex. What's the sanction?

    I am sure you will keep to it, of course, I am just interested in how both solicitors came to agree to this.
    MSE aim: more thanks than posts :j
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I am really surprised by this. What if you do default and he is chased? The mortgage company won't care about your agreement with your ex. What's the sanction?

    I am sure you will keep to it, of course, I am just interested in how both solicitors came to agree to this.

    Sounds like a contract between clients, so if he gets chased, he can then sue her for this.

    Uncommon, but not impossible.

    Not a good situation fo rhim though, as if shes getting chased, probably means she has no money, so his lawsuit will not be very rewarding.
  • Majestic1919
    Majestic1919 Posts: 109 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    edited 13 August 2014 at 5:14PM
    When my ex and I split up many years ago, he had made mortgage payments for less than a year.
    He tried everything to wear me down. Didn't pay maintenance and had the nerve to offer me £1,000 to sign it over to him.

    I went to see a very local solicitor which was a big mistake and if I had taken his advice wouldn't have kept the house. He told me that I was going to have to sell sooner or later so I may as well do it now.
    I then went to the CAB who gave me a list of those who specialised in family and property law.
    My children were young and the court process went on for quite a while, but eventually the house was assigned to me by the court.

    The Building Society would not remove my ex from the mortgage as they said that they would pursue payments from him if I stopped making them, although I found out towards the end of the mortgage that his name name had been removed on the Land Registry details. The BS are just looking after their interests.

    I have paid off the mortgage, but I now have to pay the (increasing with interest, Charge) that was put on the property to cover the legal fees from the case. The charge can be taken in full if I decide to sell the house. Things may have changed, but you need the advice of a competent solicitor, not the one-man-fits-all type that I first saw!

    Good luck. I know how stressful this must be for you, but doing your best for the children will help you to keep going through everything that gets thrown at you.
    You will come out of this stronger. x
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