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Ex partner wants half of property but hasn't paid towards the mortgage.

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  • MWT
    MWT Posts: 10,273 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 31 October 2023 at 9:20AM
    Simple.... Remortgage to a new deal with a high LTV, trick her into signing the appropriate papers to do so, keep the extra cash that's rightfully yours, then sell the house with only a little equity in it (that you share with her).
    I'm not sure that suggesting fraud which can carry up to an 8 year jail sentence is a great plan...
    Consulting a solicitor would be far better advice...

  • In some areas house prices are falling fast, and some are predicting them to fall throughout next year.   So definitely get an estate agent to value at a realistic level for a fast sale.

    With so little paid, you may even end up in negative equity and if so, ask your partner how she intends to pay you her proportion of this.
  • jimjames
    jimjames Posts: 18,690 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper

    In order to give my ex an idea of what equity she may be entitled to we got the house valued, we were in negative equity by around £15k. She is still insisting she wants around £10k payout to leave the mortgage despite the fact she has only paid in £1.5k through the whole process, hasn't paid a penny since leaving over 12 months ago and despite the fact we are in negative equity, she doesn't seem to understand she isn't entitled to anything but refuses to transfer equity unless she gets the figure she wants.
    Not a fair resolution but if she'll simply disappear for £10k, that might be the most pragmatic solution.
    Or even if that's a negotiable figure as a first offer from her. £5k for example might be cheaper than a solicitor even though £3.5k more than "owed"
    Remember the saying: if it looks too good to be true it almost certainly is.
  • Presume you've checked affordability on your own/spoken to your lender about moving the mortgage to be solely in your name?
  • caprikid1
    caprikid1 Posts: 2,443 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    "£10k payout to leave the mortgage"

    Given where you are , whilst this will be a bitter pill to swallow, on reflection this could look the cheap option in comparison to the legal routes I would imagine.

    The time to get this legally sorted was at the time of purchase, my suggestion sadly would be accept the offer and pay her the 10K but make sure you are covered that she actually does what is required.

    In theory she could be trying for more, but it is worth getting legal advice, but be careful, solicitors dont earn money from not fighting a case !.

    You need to keep an open mind in terms of the outcome you want to achieve.
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