MORTGAGE divorce dramas

headinthesand_3

hey all
a bit of advice is needed, my girlfriend is divorced from her ex. She isn't sure if its a clean break or not he originally said it was, but they agreed at the split as he wasn't paying any mortgage payments he would reiceve only 20% of the equity in the house when she either sold or re mortgaged. We are looking to add myself to the mortgage, but he is now asking for 50% of the house as he wants to buy a house with his new girlfriend. He only paid towards the mortgage for 6 months before the split and nothing since, he also said he wants his savings he used to buy the house back, is he allowed this? as surely they count as joint savings? he pays maintance but there is no csa involvement and nothing in writing either, he hasn't paid any mortgage payments since the split.
I know he is entitled to 50% but we can't really afford to buy him out, so we would be forced to sell or rent. So really the question is is there any options we can look at??
All your thoughts would be very help full

dwsjarcmcd

There are a few questions that are better asked of a solicitor, which is where your partner should go, as there must e something within the divorce sttlement that sets out the terms. What I can tell you is that there is no set 'entitlement' to equity of a 50/50 split, particularly where children are concerned, although 20% does seem low. There are too many unknowns in your post to give much more information back e.g.
- Now many kids
- How long have they been divorced
- Whose name are the savings in
etc. etc
Not much help, but I really don't want to mislead you

headinthesand_3

thanks,
there is one child, and they have been divorced for a year, my parnter didn't see a solicitor, her partner sorted it all out and she signed the paperwork, she isn't aware of any terms reguarding the house, i guess she thought he would honour the agreement! His savings were cashed in during the marriage so i think he by some logic thinks he can get them back,

my partner is very stressed by this whole thing she is worried that he can take her to the cleaners, for money she hasn't got and she might lose her home when he hasn't even paid any money for it