Joint mortgage, breakup, advice

SarahT234

Hi, I am in a bit of a messy situation and really need some guidance if possible.


My partner has left me for someone else (already moved out), and we have a joint mortgage (99% sure we are joint tenants rather than tenancy in common).


We have around 220k left on the mortgage, paid 250k for the house, however a nearby house of a similar spec has recently sold for 300k.


Some questions:


1) Even though completely instigated by him, presumably we're still each entitled to a 50/50 split as we have gone halves on everything up to this point? Is this negotiable?


2) To buy out his half, would I need to pay him half of 30k or 80k (assuming value is now 300k)?


3) Would I need to additionally pay him half the cost of any furniture etc that I end up keeping? What about any upgrades/repairs for the house we have paid for together in the past?


4) If I buy him out, would his name just be scrubbed off the joint mortgage or would I need to be reassessed and apply for a new mortgage just under my name? Would I/we need to pay the early repayment fee?


5) If I decide to sell, would we split all the fees etc or could he just refuse to pay them?


6) Is he still liable to pay his half of the mortage and council tax until this is resolved either by me buying out or selling? I don't believe he has any intention to... If not do I just keep a record of when he stopped paying, and I'll own slightly more than 50% once resolved depending on how many mortgage payments just paid by myself have been made?


My head is in a mess to be honest, Christmas has not been a happy time for me as you can probably imagine!!! Any answers to the above queries and any further advice would be appreciated so much.


Thank you so much


Sarah x

Thrugelmir

If you have no formal agreement between you then in essence everything is down to negotiation.

You would need to take out a mortgage in your own name to retain the property. To do so would require the consent of your ex. Which would involve some monetary payment.

A mortgage is a joint liability there are no halves. If your ex no longer contributes. Then seeking reimbursement of contributions made by yourself is a reasonable proposal.

As difficult as it maybe you'll need to communicate with your ex. As only they can answer the detail that's required. Be pragmatic in your approach. Cutting the cord as quickly as one is able. Is worth the effort. The stress otherwise simply isn't worth the money.