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What is my EX entitled too?

Sargeant102
Posts: 4 Newbie
I'm after some advice.
Me & my EX separated in June 2014, we were not married, we have 2 children together, they live with her mon-fri and with me Friday after school until Sunday night.
My EX moved out of the house in 2014, we are both on the mortgage & deeds.
In 2014 I wasn't able to remove her from the mortgage due to there being no LTV in the property. She hasn't contributed to mortgage payments since moving out (which I never expected her too) the house when she moved out had zero equity.
When we separated I moved the mortgage payments over to my single account and can prove I've single handily paid all payments on my own with no payments made by her.
I'm now in a position to solely have the mortgage in my own name as the LTV is in the property now.
What is the EX entitled too?
Is she entitled to 50%?
Me & my EX separated in June 2014, we were not married, we have 2 children together, they live with her mon-fri and with me Friday after school until Sunday night.
My EX moved out of the house in 2014, we are both on the mortgage & deeds.
In 2014 I wasn't able to remove her from the mortgage due to there being no LTV in the property. She hasn't contributed to mortgage payments since moving out (which I never expected her too) the house when she moved out had zero equity.
When we separated I moved the mortgage payments over to my single account and can prove I've single handily paid all payments on my own with no payments made by her.
I'm now in a position to solely have the mortgage in my own name as the LTV is in the property now.
What is the EX entitled too?
Is she entitled to 50%?
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Comments
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Legally she owns half a property so yes, she is entitled to half share. But you could argue that she is due you rent for the time she stayed as you own half the property too.
Sorry edit, did not read correctly, she is not in house. She still is due half the property equity.0 -
Sargeant102 wrote: »What is the EX entitled too?
Is she entitled to 50%?
It's a matter for you and her to agree upon. Better that you remove her now from the mortgage than at a later date.0 -
Thanks for your reply.
So she could come to me for 2yrs plus rent for me living in the property?0 -
Sargeant102 wrote: »Thanks for your reply.
So she could come to me for 2yrs plus rent for me living in the property?
Simply do nothing and continue to own a part share of the property. Legal recourse is a highly expensive option.0 -
Tell her you want to remortgage. Is she sensible/reasonable if so just see what she says. Or perhaps say youve managed to get out of negative equity heres X goodwill gesture.
Did she know there was no ewuity etc at the time? Did yiu somewhat agree youd be looking at getting it just in your name when possible?0 -
Did you not come to some agreement when you bought and if not then when you split.
In the absence of an agreement one typical way to look at this is you own 50:50, as you are the sole occupant you owe nominal rent for her 1/2, and she owes you nominal mortgage payment for 1/2 the debt. if you treat them as equal you pay the mortgage and she gets 1/2 the equity till you buy her out.
Don't forget CGT and SDLT calculations when you transfer the equity.0 -
She owns 50% of the property, minus half of the total mortgage payments you've made in the time since she left. Sell up, move on.0
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Informed courtesy. For the children & your own self-respect.
If you can afford to be generous, now would be a good time & separate your finances *completely*.0 -
Thanks for the reply.
Yes she certainly knew there was no equity in the property in 2014. But for that reason her name was unable to be removed.0 -
Sargeant102 wrote: »Thanks for the reply.
Yes she certainly knew there was no equity in the property in 2014. But for that reason her name was unable to be removed.
Which would have made it impossible for her to get a mortgage in her own name.
You need to negotiate.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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