Financial settlement and divorce, none payment of mortgage 10 March 2022 at 10:55PM in Debt-free wannabe 3 replies 281 views

andidelea

I have been divorced 8 years and since separated I have been the only one to pay the mortgage… now my ex has took me to court to force the sale of the house which he claimed he didn’t want or need anymore and never made any contributions. I’ve paid for the upkeep and mortgage plus everything else on my own… after some negotiating, we agreed on a 70/30 split on the equity once sold… now it has had an offer and almost sold he is pursing me for 50/50 and gone back on his word and I am reluctant to let this go ahead and wondered if I can pursue him for the missed mortgage payments ? He is now remarried and I am still single 

Purplelady65

Was the 70/30 split something you agreed between yourselves? If he’s now asking for 50/50 it might be worth seeing a solicitor and getting some legal advice. If you’ve paid the mortgage and maintained the house for the last 8 years it may be that he could claim 50% of any equity but only up to 8 years ago. Then any equity from that point onwards would be yours as only you have had an interest in the house. Although he could argue he should have been due rental income for the last 8 years as he part owned the house. Good luck with getting it all sorted - it must be very stressful. 

fatbelly

Unless there's a court order to the contrary I think jointly owned properties get split 50/50

If you own as tenants in common, then the percentage is whatever is agreed

You need a solicitor on this one.

Exodi

fatbelly said:

Unless there's a court order to the contrary I think jointly owned properties get split 50/50

If you own as tenants in common, then the percentage is whatever is agreed

You need a solicitor on this one.

Unfortunately I agree with the above. Did you sign a finacial consent/clean break order as part of your divorce?

Not doing so, and remaining as joint owners could prove to be a grave mistake - which looks to be the case as he seems to be pursuing 50%.

To play devils advocate (not to be mean, but to aid you in coming to a fair conclusion) - you do need to consider the fact that while you have been able to pay the mortgage (and subsequently build equity), he has also incurred housing costs (presumably he has been renting since he moved out) and it could be seen as unfair that he doesn't get the equity benefit you do.

Similarly, as someone pointed out, if he had 'some' equity in the property (though how much is up for debate) - it may be seen as unfair that you have benefited from his equity by having lower mortgage payments, etc. It has in essence been a interest free loan from him to you - in which you haven't paid him back.

If he has had equity tied up in the house for 8 years and has ended up going to a court to force the sale of the house, I presume that you have been unwilling to sell the house and give him the money back before? I can see why he's not trying to do you a good deal.

But all of the above is mostly irrelevant as from a judges perspective, you (likely) own the property as joint tenants, you are both jointly and severally liable for the mortgage, and as such, own the property 50/50 - regardless if you decided something different on a tuesday in Starbucks.