Ex-Partner wants 50% of family home - advice needed please

boyzmummy

Can anyone please help?
I was with me ex partner for 20 years, he left to move in with his girlfriend 12 years ago. Leaving me and our children, I have paid the mortgage, bills etc, receiving no maintenance as he doesn't work.
Previously i have paid thousands to solicitors to try and sort out the house but he just sends ridiculously stupid letters back, he was entitled to legal aid.
Now our youngest is 18 my ex is demanding 50% of the house.
All of my savings have depleted enormously is there any way i can fight this myself please

armchaireconomist

Let him take you to court.


Seeing as he's paid nothing in 12 year he's almost certainly not entitled to the full 50%, what was the arrangement when you bought the house together? Who paid deposit, 50/50 split on mortgage payment? How long did he live there? Need a lot more info.

boyzmummy

Hi, Thank you armchair economist for your reply.
Our property was purchase in joint names, we lived together for approximately 12 years. I have completely renovated the home since he left as it was unsafe for our children. The original deposit was paid by myself, the mortgage although in joint names has been paid by me. he is deliberately awkward and would even let me change to a cheaper interest rate as the bank needed his signature to do so.
He makes comments such as " I am paying for his future as he has a 50% share of the house", he moved in with his gf and she has bought their house from the council in her name only (sensible lady).

TBagpuss

You need to see a solicitor and get some proper advice.
As the house is owned in joint names, the starting point is that he is entitled to half the equity.
If you are arguing that you should have more than that, you will have to show that there was a mutual agreement or understanding (which could be inferred from the whole course of your behaviour over the period you've been separated) that the split should be different.

xylophone

You need to see a solicitor and get some proper advice.

The OP does not appear to have had much luck with solicitors....

Previously i have paid thousands to solicitors to try and sort out the house but he just sends ridiculously stupid letters back, he was entitled to legal aid.

It is astonishing that the matter has not been resolved?

http://www.divorceresource.co.uk/buyingyourexpartneroutofthefamilyhome.html

Pixie5740

What were you trying to sort out using a solicitor? Forcing the sale of the property? Forcing him to let you buy him out?

He could try and force a sale of the property through court and as a joint owner he could succeed. How is the property owned, joint tenants or tenants in common?

00ec25

so you are bitter and want revenge?

or you are bitter but want this sorted?

you cannot deny he lived with you for 12 years and contributed to the upkeep of your family any more than a man can deny that a non working woman brought "nothing" to the marital table when arguing over who is entitled to what based on no direct financial contributions

he won't get (deserve) 50%, but he sure should get something

FBaby

Sell the house and agree that he gets half of the equity gained from the time you bought the house together and the time he left and stopped paying.

tacpot12

No need to sell the house if the OP can buy him out for the sum calculated as half of the equity gained from the time the house was bought jointly to the time he left and stopped paying.

boyzmummy

Hi, thank you for your comments. I wanted to get this sorted out when he left and had the house valued and offered him 50% of the equity. He would not accept this, he was difficult and take ages to respond to solicitors, letters, prompting my sol to chase, which was mounting up the costs. He would respond eventually stating he wanted to come to the house to meet me with no one else present, not even our children, this is at the point where a solicitor told me to give up, he knew due to his past violence, he couldn’t do that, another was that I would sign an agreement that he never had to pay maintenance for our children.
I don’t want revenge, at the same time I don’t want him to make it impossible for us to live our lives with debts just to pay out a greedy person. He once told me that he would not declare any earnings as he didn’t want to pay child maintenance.
I would be happy to pay him 50% of the equity as when he left, but he wouldn’t accept this. I just wanted to know how I could fight this without all of the legal expenses
Thanks again

Bass_9

Have you spoken to Gingerbread at all over the years?