Joint mortgage - entitlement

JCME28

Hi
Recently split from partner and would like advice on my entitlement if he stops paying his half of the mortgage repayments.
We have a joint mortgage and we put equal amounts of deposit in.
For example if he stops paying his half of the mortgage payments, and the time comes when we sell and divide the deposit and what has been paid towards the mortgage, how can I prove that the repayments have been coming from myself and that I'm due to a higher amount of the share.
Can I do anything now to cover myself now eg. any legal paperwork I can get done?

Many thanks
Jess

Pixie5740

JCME28 wrote: »

Hi
Recently split from partner and would like advice on my entitlement if he stops paying his half of the mortgage repayments.
We have a joint mortgage and we put equal amounts of deposit in.
For example if he stops paying his half of the mortgage payments, and the time comes when we sell and divide the deposit and what has been paid towards the mortgage, how can I prove that the repayments have been coming from myself and that I'm due to a higher amount of the share.
Can I do anything now to cover myself now eg. any legal paperwork I can get done?

Many thanks
Jess

How is the property owned, joint tenants or tenants in common? Is there a declaration of trust in place?

JCME28

It is owned as Joint tenants. We are not married. No declaration of trust in place.

getmore4less

You need to keep a cash flow diary.

Value the property at the point the contributions change.

Equitable shares can be calculated at point of sale

getmore4less

JCME28 wrote: »

It is owned as Joint tenants. We are not married. No declaration of trust in place.

Joint tenants only comes into play if one of you dies.

You could sever that if you want your share to go to someone other than the ex.

Pixie5740

JCME28 wrote: »

It is owned as Joint tenants. We are not married. No declaration of trust in place.

Get the joint tenancy severed and changed to tenants in common. Can you afford to buy him out? Can he afford to buy you out?

It's all very well saying that you will continue to pay the mortgage but what is the long term plan? Assuming this isn't an interest only mortgage then some, but not all, of the mortgage payment will be going towards paying off the capital of the mortgage. Meanwhile he is going to have to pay to live elsewhere so it's not really as simple as you claiming the capital you are paying off as yours. What does your partner consider to be fair?

JCME28

What's the benefits to changing to tenants in common?
No neither can afford to pay each other out.
We can not afford to sell currently as we are in a fixed rate mortgage and the exit fee is too high.
It's not interest only. He hasn't said anything, he chose to move out.

JCME28

getmore4less wrote: »

You need to keep a cash flow diary.

Value the property at the point the contributions change.

Equitable shares can be calculated at point of sale

How do I do a cash flow diary?
The property has been recently valued.
How do they calculate equitable shares? Do they see bank statements to show whos been paying?