On mortgage - not on deeds

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Far1974
Far1974 Posts: 45 Forumite
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in Mortgages & endowments
hi all

Scenario: person gets mortgage with partner and does not go on deeds (stupid I know). 

Couple split up!

what rights has my friend got if any? Does he have any claim on the property at all? 4 years left on mortgage and his ex won’t agree to taking him off the mortgage and says he had no rights to the property

ad you can tell, very acrimonious split. Two children involved.

Very grateful for any advice as always




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  • user1977
    user1977 Posts: 14,309 Forumite
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    “Partner” meaning never married (or civilly partnered) to each other? What contributions have they actually made towards the price? Merely having had a liability to the lender doesn’t create a claim.
  • JMA74
    JMA74 Posts: 264 Forumite
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    How have they been living?  As a family unit and living in the house as both of their residences?
    Does your friend contribute financially in any way? 
    I am a Mortgage Adviser 
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Far1974
    Far1974 Posts: 45 Forumite
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    sorry they were never married. The property is on the grounds of ex partners main property and they built a cottage in the grounds. 

    He doesn’t currently pay into the mortgage as it is rented out to cover the mortgage 

    thanks so much for the help
  • silvercar
    silvercar Posts: 47,070 Ambassador
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    Far1974 said:
    sorry they were never married. The property is on the grounds of ex partners main property and they built a cottage in the grounds. 

    He doesn’t currently pay into the mortgage as it is rented out to cover the mortgage 

    thanks so much for the help
    “They built a cottage” who paid for the build?
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Far1974
    Far1974 Posts: 45 Forumite
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    They re-built the cottage with the mortgage.
  • user1977
    user1977 Posts: 14,309 Forumite
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    edited 27 December 2022 at 9:52PM
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    Far1974 said:
    sorry they were never married. The property is on the grounds of ex partners main property and they built a cottage in the grounds. 

    He doesn’t currently pay into the mortgage as it is rented out to cover the mortgage 
    Sorry if I see to be labouring the point, but you haven't so far told us that he's ever paid anything? If not, on what basis does he think he might have a claim?
  • silvercar
    silvercar Posts: 47,070 Ambassador
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    user1977 said:
    Far1974 said:
    sorry they were never married. The property is on the grounds of ex partners main property and they built a cottage in the grounds. 

    He doesn’t currently pay into the mortgage as it is rented out to cover the mortgage 
    Sorry if I see to be labouring the point, but you haven't so far told us that he's ever paid anything? If not, on what basis does he think he might have a claim?
    I guess because he is liable for a mortgage, that was used to build the cottage, that he could live in free due to the main house being rented out to pay the mortgage.

    if he isn’t entitled to any property equity, at the very least he should be removed from the mortgage.
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • user1977
    user1977 Posts: 14,309 Forumite
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    silvercar said:
    user1977 said:
    Far1974 said:
    sorry they were never married. The property is on the grounds of ex partners main property and they built a cottage in the grounds. 

    He doesn’t currently pay into the mortgage as it is rented out to cover the mortgage 
    Sorry if I see to be labouring the point, but you haven't so far told us that he's ever paid anything? If not, on what basis does he think he might have a claim?
    I guess because he is liable for a mortgage, that was used to build the cottage, that he could live in free due to the main house being rented out to pay the mortgage.

    if he isn’t entitled to any property equity, at the very least he should be removed from the mortgage.
    He's not due anything just because he's (effectively) been guaranteeing the mortgage.
  • JMA74
    JMA74 Posts: 264 Forumite
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    If someone isn't named on a mortgage but lives in a house and has a family with the homeowner and its a joint financial situation then its not at all uncommon for a judge to rule that property to actually be a joint asset.

    Will likely need legal advice on the merits of any claim 
    I am a Mortgage Adviser 
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Far1974
    Far1974 Posts: 45 Forumite
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    user1977 said:
    Far1974 said:
    sorry they were never married. The property is on the grounds of ex partners main property and they built a cottage in the grounds. 

    He doesn’t currently pay into the mortgage as it is rented out to cover the mortgage 
    Sorry if I see to be labouring the point, but you haven't so far told us that he's ever paid anything? If not, on what basis does he think he might have a claim?
    Sorry yes he contributed for 10 years but left the relationship 5 years ago and it has been rented out ever since 
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