Obtaining order for sale / making ex partner buy me out of joint property

millie84

DandelionPatrol wrote: »

Obviously, the context of my comment went right over your head.

If the equity is split 50-50, then I cannot see any reason to charge the ex half rent.

But in response to a comment suggesting that the ex should get substantially more than 50% of the equity, I think that it is worth taking the notional rent into consideration.

I don't think that there is ever a right answer to all of this, but there are plenty of factors which can be thrown into the mix.

The mortgage for the property is a low amount each month, in this area you would struggle to find a one bedroom flat or studio to rent for the same amount, let alone a 2 bedroom house.

Thank you for the information everyone. I am going to write some notes down before my solicitors appointment.
I think I will send another recorded letter asking for him to sort himself a sole mortgage and pay me the amount due, if he can. In the past, he has shown interest in replacing my name on the mortgage with someone else's, which I would be ok with, as long as I get my money I am owed. This would be the cheapest solution, and enable him to stay in the property. I just need to determine how much to ask for. I will stress to him that I am looking for the lowest cost solution, for us both.
Otherwise, I will proceed with the order for sale,although it may mean losing any equity, I ultimately need to remove my name from the mortgage.

TBagpuss

FBaby wrote: »

Typical solicitor talk to get you to use their services. It's such a silly statement to make too because they seem to have forgotten that you stopped paying towards the mortgage, so the rent wasn't additional payment. It was also your choice to leave your property.

I think asking for 30% is the most reasonable request.

The argument is that the ex has had the benefit of living in the property so has *not* had to pay rent elsewhere. In effect, his payment of the mortgage can be viewed as 50% being his 'share' of the mortgage and 50% being payment on OP's behalf . He could instead have paid OP rent for her half of the property, and she could have then used that money to pay her 'half' of the mortgage.

The point s that if he argues that he should be entitled to more of the equity because he has paid the mortgage over the past 4 years he is effectively getting a double benefit, and if OP pays rent and also loses put on the equity built up during that time she is hit with a double 'loss'

If he has been making overpayments on the mortgage then it would arguably be reasonable for him to be credited with the extra capital he has paid.

Also, while going to court can be expensive, as this would be a normal civil litigation claim not a family law claim, costs would follow the event,so if OP wins the case her ex would have to pay her costs, provided that she has complied with all of the relevent rules and procedures.