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Mother's Ex Partner entitlement

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Hi all, I just wanted some advice. My mother bought her house from the council a 3 years ago to do so her and her ex partner took out a mortgage. 8 months later the partner walked out and hasn't looked back. My mother now wants to sell the house but her ex partner wants money from the property. Although she has not made a single financial contribution towards the house or mortgage or even the deposit to get the mortgage and we have proof. If it goes to court could she walk away with something?

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  • foxy-stoat
    foxy-stoat Posts: 6,879 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    jb1988 wrote: »
    Hi all, I just wanted some advice. My mother bought her house from the council a 3 years ago to do so her and her ex partner took out a mortgage. 8 months later the partner walked out and hasn't looked back. My mother now wants to sell the house but her ex partner wants money from the property. Although she has not made a single financial contribution towards the house or mortgage or even the deposit to get the mortgage and we have proof. If it goes to court could she walk away with something?

    She wont be able to sell the house without the consent of the other owner, regardless of whether they live there or have paid anything towards the mortgage or not.

    I would first find out how much they want and go from there. I assume they want some of the discounted value.
  • silvercar
    silvercar Posts: 49,564 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    You could look on it as the ex-partner going on the mortgage enabled your mother to buy at a discount. Payback is to give up some of that discount.
    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.
  • kingstreet
    kingstreet Posts: 39,256 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's a Jones v Kernott case and some of the equity was due to the "abandoner" on sale.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Why is mum selling after only 3 years
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Will she have to pay back some of the discount ?
    Selling and buying a new home is very expensive !
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