Not Married but stuck

Cherryjack

I am tenants in common with my ex partner who has not contributed to mortgage since 2014. I have always paid mortgage from my account. Non molestation order was granted in 2014 for domestic abuse. I have two children with him age 8 & 13 (Disabled). He is getting married in September and asking to sort the house out and demanding money with abusive texts. I've had the house valued sent a solicitor letter offering a lump sum, or offering mediation. He has not replied and is not engaging. We are sending another letter but then might have to make an application to court. Will this go against him? I feel is still trying to control and financially abuse me by ignoring me now and would love your thoughts if you have been through something similar.  Worried sick as it will cost and absolute fortune to resolve but if I wait potentially the house will go up in value. 
Just trying to move forward, he will need his name off this mortgage to buy a house with his partner.

hazyjo

Do you earn enough to qualify for the mortgage on your own? You won't be able to just 'take his name off the mortgage'.

TBagpuss

What lump sum have you offered him, in comparison with the amount of equity? He will be entitled to 50% unless you have very strong evidence of a different agreement or understanding. 

elsien

Entitled to 50% after paying nothing for the last 6 years? Open to negotiation there, surely? 

comeandgo

elsien said:

Entitled to 50% after paying nothing for the last 6 years? Open to negotiation there, surely? 

Nope, he owns half of the property so he is legally entitled to half the profits.  Same would be the outcome if property had negative equity, he would have to pay half the shortfall to mortgage company.  

Mrsn

Elsien unfortunately that is correct. My sister is in a similar situation where she has struggled by herself for the last 6 years yet his share of the equity just continues to rise. She’s tried desperately to remortgage alone etc but can’t do so by herself.

TBagpuss

elsien said:

Entitled to 50% after paying nothing for the last 6 years? Open to negotiation there, surely? 

Well, anything is open to negotiation, you can (normally) come to whatever agreement you want, if you are both happy
However, his not having paid since 2014 doesn't change the legal position as to who owns the property - and as it sounds as though CherryJack has been living in the house for the last 6 years it can be viewed as them paying their 'half' of the mortgage and then paying the other 'half' as rent for the use of their ex-partners share of the property.
In court, the issue would be whether there was a mutual intention, shared by both Cherryjack and their ex, that by paying the mortgage they would get a bigger share of the property. 

Cherryjack

Thank you all for your comments, my solicitor seems to think the court will take into consideration him abandoning his responsibility.  Am I being led up the garden path?  It's making me think my ex wont reply to my solicitor letters and just turn up in court on the day with no representation and take half  

Cherryjack

P.s we are not married and the children live with me 

[Deleted User]

Cherryjack said:

Thank you all for your comments, my solicitor seems to think the court will take into consideration him abandoning his responsibility.  Am I being led up the garden path?  It's making me think my ex wont reply to my solicitor letters and just turn up in court on the day with no representation and take half  

The responsibility of the mortgage?  If he got a solicitor (s)he could argue that your ex had to pay rent elsewhere whilst you remained in the house.  It boils down to how much you want him out your life and how much he is willing to settle for.

Cherryjack

Update ex has offered to accept a 15,000 lump sum ..my solicitor feels we should go back and offer 10,000 but I think I could end up with huge solicitor Bill's.  My gut feeling is to give the money and close the chapter.  My solicitor says I should do a separation agreement.  Do I need this as we were not married?

Thank you