Mortgage payments

traceydraper1

My ex and I separated 4 yrs ago now divorced I still live in our home with our 2 adult children. For the past 2 yrs I have been paying all the bills including the mortgage whilst working 2 jobs.  He now wants to sell the house 50/50 but I have been told that because I have been paying the mortgage I am entitled to get that money back on top of my share of the selling price. Is this true? 

Also I have been maintaining the property I am right to ask for half the costs for this and any other benefits. He is currently living with his girlfriend whilst I have to find a property for 3 adults which is proving difficult as I am on a low income. 

getmore4less

what did the financial settlement say?

3 adults 3 incomes you only need your income to fund a place for 1 adult.

blue_max_3

As said, the financial agreement should have dealt with this. If you didn't, he does own 50%, but he'd have to take you to court to force you to sell.
Are the kids working? If so, can you raise a mortgage to buy him out? 

traceydraper1

Thanks I’ve spoken to a mortgage adviser and I don’t earn enough on my own to buy him out which would be the preferred option
i could possibly do it with the kids on board but they would lose any first time buyer benefits if they moved out

blue_max_3

traceydraper1 said:

Thanks I’ve spoken to a mortgage adviser and I don’t earn enough on my own to buy him out which would be the preferred option
i could possibly do it with the kids on board but they would lose any first time buyer benefits if they moved out

You don't say why this wasn't addressed in the divorce. Are the kids paying rent? 
Anyway, you could just stay there until he tries to do anything about it. Maybe by then, the kids will move on.

traceydraper1

We didn’t have a settlement as he paid for the divorce and yes the kids are paying rent

getmore4less

He can argue that as he owned 1/2 the house you owe him market rent on that 1/2. 

would that cover his share of the mortgage? 
if more you could owe him money.

if you can't buy him out you could stall and start doing the rent calculations and pay him any excess over the mortgage

jackieblack

traceydraper1 said:

We didn’t have a settlement as he paid for the divorce

That’s not a reason 

comeandgo

He is entitled to 50% and a share of the rent the adult children have paid.

comeandgo

He is entitled to 50% and a share of the rent the adult children have paid.

Thrugelmir

traceydraper1 said:

We didn’t have a settlement as he paid for the divorce and yes the kids are paying rent

Speak to a family law solicitor as ideally you need a financial consent order drawn up. Should have be done at the time of divorce. Other factors may well come into play in coming to an agreement.