Advice on settling home after split

Vickyb123_7

My husband and I split last year and I have continued to pay the mortgage and household bills without any help or support from him. He wants to sell the house with I have agreed to but as he has not paid a penny for the mortgage in the past 12 months, I would like to get half of the mortgage payments I have paid over the past year. Is this possible or do I have to do 50:50, thank you for reading

YHM

Completely down to negotiation. Technically you would both be entitled to 50% of equity if the ownership is in joint tenants, but this will be down to you both to agree in terms of a settlement.

p00hsticks

Who;s been living in the property for those 12 months ? If only one of you has, then in my view it wouldn't be fair to expect the other half to pay half of the mortgage for that period when they've not had the benefit of living in the property ,,,

AnotherJoe

Vickyb123_7 wrote: »

My husband and I split last year and I have continued to pay the mortgage and household bills without any help or support from him. He wants to sell the house with I have agreed to but as he has not paid a penny for the mortgage in the past 12 months, I would like to get half of the mortgage payments I have paid over the past year. Is this possible or do I have to do 50:50, thank you for reading

Anything is possible / negotiable but he’s been paying rent for that time since he has to live somewhere elsem and not in thehouse you’ve had the sole benefit of. Can he get back half of that from you ?

Why not call it quits ?

p00hsticks

AnotherJoe wrote: »

Anything is possible / negotiable but he’s been paying rent for that time since he has to live somewhere elsem and not in thehouse you’ve had the sole benefit of. Can he get back half of that from you ?

Why not call it quits ?

Although you may be right, you're assuming a lot here that the OP hasn't explicitly stated - that the ex has left the house to move into rented accomodation, that the OP has remained living in the house.

That's why in my post immediately above yours I simply asked who was living in the property and pointed out that if it is one or other of them they have an additional benefit to be taken into consideration when sorting out the finances.

Tom99

Maybe you are due the amount you have paid off the outstanding mortgage if ex moved out 12mths ago.

csgohan4

You need a good solicitor to do this all formally, don’t leave this to chance and goodwill.

Halld1

csgohan4 wrote: »

You need a good solicitor to do this all formally, don’t leave this to chance and goodwill.

I couldn't agree more! As much as there tends to be a negative view of solicitors in these situations (I have been guilty of this) they really are the best way to ensure that everyone gets what they are entitled to.

Thrugelmir

Halld1 wrote: »

As much as there tends to be a negative view of solicitors in these situations (I have been guilty of this) they really are the best way to ensure that everyone gets what they are entitled to.

Use a family law solicitor. Compromise is difficult. Somehow how you need to reach an agreement. Without incurring large legal bills on both sides. As then no one is a winner.

AnotherJoe

p00hsticks wrote: »

Although you may be right, you're assuming a lot here that the OP hasn't explicitly stated - that the ex has left the house to move into rented accomodation, that the OP has remained living in the house.

That's why in my post immediately above yours I simply asked who was living in the property and pointed out that if it is one or other of them they have an additional benefit to be taken into consideration when sorting out the finances.

Fair point I read too much into “split” though it would seem a strange situation if the husband continued living in the house after they split and didn’t contrubute to the mortage.

Vickyb123_7

I have been living in the property but what I’m saying is I’ve paid the mortgage off and he will then benefit from the money I have paid. I’ve paid £3000 approx off the outstanding mortgage so I don’t think it’s fair I hand him half of that money when it sells, but as it says further down a good solicitor is needed which in turn could be costly and cost more than what it’s worth. I’m just trying to be fair and have a good start for myself and my 2 children.