Threat to be taken to court

Bex981

I split with my ex-partner nearly 4 years ago and it was agreed at the time that I contribute 18% toward the mortgage repayments. About 18 months ago her new partner moved in and I stopped paying the mortgage, mutually agreed. In April of this year they relocated informing me that they would continue to make the mortgage repayments until the house was sold, at the time it had a buyer but has fallen through. My ex-partner contacted me last month to say that she could not pay the mortgage, so I have come out of the works pension scheme to pay my half of the mortgage, I had no other option. She has now stated that she is going to take me to small claims court to get half of the mortgage, back dated from April. Given that she has only just asked for this, will the court support her claim?

ThePants999

There's not nearly enough information here. Are you named on the mortgage? Are you part-owner of the property? As joint tenant, or tenant in common? If the latter, what proportion? On what basis is she expecting you to pay 50% - is there a written agreement covering that? Or any of the earlier positions?

Guest101

The short answer is not a chance.


You weren't living there and she was. She hasn't chased you for it until the sale fell through. And you were paying an agreed proportion.

Bex981

There is no written agreement. We are joint tenants (I think), I am named on the mortgage. She is expecting it as its a joint mortgage and I am as liable as she is, however she did say she would pay the mortgage until sold. Sadly again, nothing written down. She is very good at having the important conversations verbally.

Bex981

She had moved out on 25th (ish) of April, but as above said she'd pay the mortgage until it sold.

Guest101

Bex981 wrote: »

There is no written agreement. We are joint tenants (I think), I am named on the mortgage. She is expecting it as its a joint mortgage and I am as liable as she is, however she did say she would pay the mortgage until sold. Sadly again, nothing written down. She is very good at having the important conversations verbally.

Her opinion isn't relevant.


You could turn around and counterclaim rent on your share of the property...


If you paid 18% for a period of time and she didn't chase it up, the courts will accept that is the true version

Bex981

That was her suggestion on how much I paid too.

TBagpuss

It depends. How did she tell you that she would pay the mortgage until the house sold? (i.e. do you have an e-mail of text from her saying this, or was it purely verbal so it is your word against hers.

It would be more usual for the two of you to try to come to an agreement about how the proceeds of sale are to be divided and to include in that any repayment to either of you of mortgage payments.

Guest101

Bex981 wrote: »

She had moved out on 25th (ish) of April, but as above said she'd pay the mortgage until it sold.

If you get a claim form, then worry about it at the minute it's just her venting.

fromtheshires

Unfortuantely, you are both liable for the mortgage so if she stops paying for whatever reason, the bank will come knocking on your door for the rest of the money. The bank wouldnt care about any agreement between the two of you about who pays what amount, they just want their money.

Bex981

Its all verbal but she will do it.