Partners ex still on the mortgage wanting half

Boptop

Hi,

My partner and I want to buy a house and start our life together. Problem is we both live in the house that she bought with her ex 15 years ago. Her ex left their home 7 years ago and has paid nothing towards the mortgage in that time. Obviously this is something my partner wanted to sort out a long time ago but has never managed it.

Her ex has indicated that he want half the equity of the property and I just wanted to know where she stood with this? After he left she separated the joint tenancy because he was in serious debt and was threatening bankruptcy. She did this to protect the home for her and her children and this threat.

The house is worth around 180k and there is a mortgage of 80k. Using the amount of time he has not made any payments to the property (mortgage or maintenance) I’ve worked out that he should be entitled to around 23k out of the 100k equity?

Where does my partner stand legally on this and does that calculation sound about right? Just trying to get a feel for what’s to come over the year or so.

Any help would be great!! ☺️

kimplus8

I have no help to offer, but wanted follow this thread. I hope you find a solution. he would be hard pressed to contest her offer of a partial settlement if he has not contributed to the house for the last 7 years. I believe a judge would take into account how much both parties paid into the property initially and how much of the home would have been paid off when he left. if he has been through bankruptcy and is not fully discharged he wouldn't see that money anyway I believe as the initial receiver would see it as an asset that can pay towards his creditors.
I hope you get a more definite answer soon.

74jax

Is the property in her sole name?

mrschaucer

Are your partner and her ex divorced, or is he just an ex-partner? If divorced, what were the financial arrangements that were made? Are the children his?

Boptop

Property I believe is in both of their names and no they were never married.

Boptop

They have two children between them. One lives with us the other with him, but that’s another story..........

Kynthia

He didn't contribute to the mortgage but he did need to pay to live somewhere else during that time while your partner lived in the house. Also I doubt you and your partner paid him any rent for occupying his share of the house?

There is no divorce court to decide on how to split their assets as they were never married. So it comes down to legal ownership and negotiation. Legally he's a joint owner and entitled to half he equity, unless he agrees to take less. So negotiate.

Comms69

Boptop wrote: »

Hi,

My partner and I want to buy a house and start our life together. Problem is we both live in the house that she bought with her ex 15 years ago. Her ex left their home 7 years ago and has paid nothing towards the mortgage in that time. Obviously this is something my partner wanted to sort out a long time ago but has never managed it.

Her ex has indicated that he want half the equity of the property and I just wanted to know where she stood with this? After he left she separated the joint tenancy because he was in serious debt and was threatening bankruptcy. She did this to protect the home for her and her children and this threat. - She had more protection when they were joint tenants. But anyway, in essence he owns half the property - I don't see the issue?

The house is worth around 180k and there is a mortgage of 80k. Using the amount of time he has not made any payments to the property (mortgage or maintenance) I’ve worked out that he should be entitled to around 23k out of the 100k equity? - half of 100k is 50k

Where does my partner stand legally on this and does that calculation sound about right? Just trying to get a feel for what’s to come over the year or so.

Any help would be great!! ☺️

You've both used his credit to live for X years. You chose not to settle this matter until it's convenient to you. 50/50 seems perfectly legitimate to me.

Fire_Fox

Boptop wrote: »

Hi,

My partner and I want to buy a house and start our life together. Problem is we both live in the house that she bought with her ex 15 years ago. Her ex left their home 7 years ago and has paid nothing towards the mortgage in that time. Obviously this is something my partner wanted to sort out a long time ago but has never managed it.

Her ex has indicated that he want half the equity of the property and I just wanted to know where she stood with this? After he left she separated the joint tenancy because he was in serious debt and was threatening bankruptcy. She did this to protect the home for her and her children and this threat.

The house is worth around 180k and there is a mortgage of 80k. Using the amount of time he has not made any payments to the property (mortgage or maintenance) I’ve worked out that he should be entitled to around 23k out of the 100k equity?

Where does my partner stand legally on this and does that calculation sound about right? Just trying to get a feel for what’s to come over the year or so.

Any help would be great!! ☺️

Welcome to MSE.

Your partner needs to seek legal advice. Stay out of this as much as possible: 'interfering' between ex-partners invariably aggravates the situation. Provide emotional support rather than mathematical equations.

If your partner has organised and funded any major repairs or major improvements over the last seven years, she should take proof of this to the solicitor's appointment.

HTH.

-taff

What do you mean she separated the joint tenancy?
Was it owned as joint tenants and now it's tenants in common? Did he sign anything to suggest he'd be giving her half the house?

If they were both on the mortgage they were both equally liable to pay, so her paying the mortgage just means that she was doing what she was supposed to do.
Your workings out of what he's owed mean nothing legally. Legally, he owns half the house [if tenants in common] and you cannot stop him recieiving his half of the equity, so don't get her hopes up of doing anything but that.
She needs to see a solicitor if they cannot amicably agree how the split is to be achieved.

BrassicWoman

Boptop wrote: »

Using the amount of time he has not made any payments to the property

...was he paid rent for his half during this time?

I'd spit the equity and move on. Involving lawyers will erode any marginal gains to be made.