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Am i entitled to anything?

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Comments

  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    edited 29 April 2020 at 3:44PM
    AdrianC said:
    Let's say the flat is still worth £350k.

    A £250k, 25yr repayment mortgage with £1k/mo payments would be about 1.5% interest - so there would be about £233k debt remaining.

    That means about £17k equity, after taking account of the deposits. You've been paying 60% of the mortgage - so 60% of the equity would not seem inappropriate. Call it £10k.

    Can we assume the pair of you are sufficiently grown-up to actually sit down and have a rational discussion? Because, if not, any equity is going to go straight to lawyers and fees.
    the interest rate was 3.75 as i had adverse credit. so out of the 1k mortgage we have only been paying off about £160 off the mortgage a month the rest is interest, so there is not much equity.
    So you aren't due much of the equity, then... 3.75% for 25yrs would be nearer £1,300/mo. To get that down to £1k/mo, you'd be looking at a 40yr term. That would mean only about £5k paid off the total debt.

    Oh, and don't forget you'd also be looking at a fair share of the sale costs - you'd not walk away with much, at all, if you forced the sale.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    edited 29 April 2020 at 4:02PM
    AdrianC said:
    AdrianC said:
    Let's say the flat is still worth £350k.

    A £250k, 25yr repayment mortgage with £1k/mo payments would be about 1.5% interest - so there would be about £233k debt remaining.

    That means about £17k equity, after taking account of the deposits. You've been paying 60% of the mortgage - so 60% of the equity would not seem inappropriate. Call it £10k.

    Can we assume the pair of you are sufficiently grown-up to actually sit down and have a rational discussion? Because, if not, any equity is going to go straight to lawyers and fees.
    the interest rate was 3.75 as i had adverse credit. so out of the 1k mortgage we have only been paying off about £160 off the mortgage a month the rest is interest, so there is not much equity.
    So you aren't due much of the equity, then... 3.75% for 25yrs would be nearer £1,300/mo. To get that down to £1k/mo, you'd be looking at a 40yr term. That would mean only about £5k paid off the total debt.

    Oh, and don't forget you'd also be looking at a fair share of the sale costs - you'd not walk away with much, at all, if you forced the sale.
    I was thinking this too and wonder if it is simply a good time to get out asap.
  • EmmyLou30
    EmmyLou30 Posts: 599 Forumite
    Tenth Anniversary 500 Posts
    The figures you need to know (assuming she can get a mortgage by herself and stay in the property and just give you a sum of money to leave) are:
    What is the property worth? How much mortgage is left to pay? Take £100k off the remaining equity and what's left gets split 70:30 as agreed. She owes you whatever that 30% is. 
  • saajan_12
    saajan_12 Posts: 5,326 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    House was 350k My Partner paid deposit of 100k. I paid no deposit as i had no savings. Declaration of trust was signed so my partners deposit is safe guarded. The house is split 70/30 to my partner. The mortgage is 1K a month and i pay 600 a month. My partners portion is paid for from the Lodgers rent.
    You need to get out that declaration of Trust and actually read it. Key thing is whether the 70/30 split is on the value before / after mortgage and deposit. 

    Partner's 100k deposit paid for 29% of the property, and if you're paying more than half the mortgage, then the 70% more than compensates partner for the higher deposit contribution. So the equitable thing would have been EITHER <<Partner's deposit safe then rest equal>> OR <<Partner gets 70% you get 30%>>. Doing both is unfair to you. 

    Regarding lodger income and monthly expenses, unless partner was living elsewhere, equitably I think the lodger income & mortgage should be split equally or the unequal split should be reflected in the ownership (ie you get more of you paid more). As is, you were paying 80% (£600 + half the lodger income) while partner was paying 20% (just half the lodger income).
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