Ex still on mortgage

Lollypop1974

Hello,
My partner’s ex-wife is still on the mortgage even though she moved out in 2008 and they divorced soon after.
She has not made any contribution towards the repayments.  

The house was not mentioned in their divorce settlement papers.
She has mentioned that she wants him to buy her out.  Would she have a good case?
Many thanks.

TBagpuss

It's bizarre that the house wasn't mentioned. Did your partner actually have a financial order? IF not, then his ex can still make an application now.

She is likely to be entitled to something , - unless of course he paid her out earlier and just didn't take her off the mortgage for some reason.

IF they can't agree, and if they haven't previously had a financial order following the divorce, then either of them can apply and a court would determine what was fair, looking at the full picture including the length of the separation and contributions made . However, your partner has [presumably had the benefit of living in the property since they split up so there's no reason why his ex should have been paying his housing costs by contributing to the mortgage during that period. 

Starting point would be that she is entitled to 50% of the current equity . What has effectively happened is that she has left her money invested in the property since they split up, and now wants to receive her share. 

A court is entitled to look at all issues, including their respective ages, incomes etc in deciding what's fair, so she might end up with more or less than 50%.

Why does your partner think he shouldn't have to buy her out? 

elsien

What financial agreements were made at the time of their divorce - not just the house but also savings, pensions etc. It is all part of the bigger picture and should have been resolved at the time. Or did they divorce without any discussion of finances?