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Question on equity split mortgage payments

Rosesgirl
Rosesgirl Posts: 72
10 Posts First Anniversary
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in House buying, renting & selling
Just need some advice house is sold the ex has left the property. I have been paying the mortgage entirely with no contribution from him for 18 months I haven't brought it to the solicitors attention but I'm wondering if I bring it to her attention and say can half the mortgage payments I've made for the last 18 months get taken from his share and would the bank be able to provide her with confirmation I have indeed been paying the mortgage from my bank account by direct debit the solicitor already has a copy of my bank statement with which this direct debit comes out from . My biggest issue in bringing this up with the solicitor is the other party has anger issues , any idea how soon she would have to confirm this to him ideally I would want it a few days before completion when I can make sure I'm out of the property and won't have contact with him .

Cheers

Comments

  • Thrugelmir
    Thrugelmir Posts: 89,546
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    The division of the proceeds from the sale will need to be agreed prior to distribution. A solicitor is not going to act unilaterally under one parties instruction. 
  • swingaloo2
    swingaloo2 Posts: 395
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    Could get very messy anyway if you have been living in the house and he has had to pay to live elsewhere. 
  • Slithery
    Slithery Posts: 6,046
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    edited 15 August 2021 at 7:46PM
    The solicitor will pay the money out according to the ownership split unless both parties agree differently - so 50:50.
    If you believe that you are owed extra then you will need to take the other party to court to try and claim the excess.
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    Slithery said:
    The solicitor will pay the money out according to the ownership split unless both parties agree differently - so 50:50.

    The solicitor will only disburse the funds with the agreement of both parties. 
  • Rosesgirl
    Rosesgirl Posts: 72
    10 Posts First Anniversary
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    Slithery said:
    The solicitor will pay the money out according to the ownership split unless both parties agree differently - so 50:50.
    If you believe that you are owed extra then you will need to take the other party to court to try and claim the excess.
    Sounds like it's really not worth the hassle it's a small mortgage so that's actually the only reason why i was able to continue to make the payments without anything from him, at most he owes me £1k
  • Thrugelmir
    Thrugelmir Posts: 89,546
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    Forumite
    Rosesgirl said:
    Slithery said:
    The solicitor will pay the money out according to the ownership split unless both parties agree differently - so 50:50.
    If you believe that you are owed extra then you will need to take the other party to court to try and claim the excess.
    Sounds like it's really not worth the hassle it's a small mortgage so that's actually the only reason why i was able to continue to make the payments without anything from him, at most he owes me £1k
    Your ex will have incurred living costs elsewhere since moving out. 
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