mortgage share and legal rights

marcel_odan

Hi my 1st post so here goes. when i applied 26 years ago for my 1st mortgage my official earnings were just below the required amount so I asked my girlfriend to include her wage figure. she has never paid a penny towards the morgage in that time. officially she has never lived at the address, having a council property in her name. for the 1st 10 years the property was in negative equity. i now want to get EQ.on the property but cannot, due to the fact that her name is on the deeds but she is not living at the property. ?
In addition she is now claiming she is entitled to Half the property value!! is this correct? is there any circumstances that this is not the case?
Any help appreciated

kingstreet

Jones v Kernott.

What is EQ.?

getmore4less

EQ. my guess equity

marcel_odan

oops sorry, Equity Release

Thrugelmir

Without your gf you wouldn't have obtained the mortgage. If you failed to pay the mortgage she would have been liable. Seems reasonable for her to receive some compensation.

Half the equity is simply a starting point. Negotiate downwards.

marcel_odan

Jones v Kernott ????

Yan101

I think she would be in a sticky position with the council too if they knew she "owned" another house. Whether she lives there or not.

kingstreet

marcel_odan wrote: »

Jones v Kernott ????

Have you actually looked at what this is?

https://en.wikipedia.org/wiki/Jones_v_Kernott

It is a court "epic" which relates to entitlement to equity in a property where one "owner" has been absent.

It will give you an idea of what to expect legally.

marcel_odan

Yes thank you for that, I did eventually get there. Can I ask you this, what would be my practical next step.
should I inform a solicitor of all the facts, so that they would write to her solicitor referencing Jones v Kernott? obviously pointing out she has no proof of any payments what so ever towards the property. or proof that she ever lived there?
to my untrained eye it would seem to say she`s entitled to <10%.

As I stated my bottom line is , I need her name off the deeds so that I can get Equity Release.
Also because of the judgement arrived at in Jones v Kernott does that practically mean the law just refers to it as a bench mark??
thank you so much

marcel_odan

Is there a reason why there has been no respnse to my last question ??
did I break some rule or something ?

Thrugelmir

Suggest you seek your own legal advice. A letter from a solicitor submitting a counter offer may well be the best route forward.