Help Financial Settlement Advice - Buying out ex partner

Onelife21

I am in the process of trying to buy my ex partner out whom I have a joint mortgage with. I have been battling this for almost a decade with little cooperation from him. 

He only paid towards the mortgage for 18 months and from separating I have paid the mortgage alone for the last 10 years, as I stayed in the house with the children.  I’m desperate to sort this as my mortgage is on variable rate so extortionate. 

We are finally in negotiations after all this time which is going back and forth. He will obviously come out pretty ok from this seen as he hasn’t paid a penny in the last 10 years. I will have to put a charge on my mortgage to pay him the balancing amount when both children finish secondary education. He will get a percentage increase/decrease in relation to property value when the time comes to pay him the balance. 

The thing is I am slightly confused by the solicitors advice as both solicitors are contradicting with regards to how the percentage is calculated on his interest, or if it went to court how it would be viewed. This can either be valued as a percentage of gross value or a percentage of net equity. The percentages are currently worked out on cost of house now and net equity to give the percentage for when I have to pay him. His solicitor is saying that it is not normal practice to use gross value percentage and net equity percentage should be used but my solicitor is saying that gross value is normal practice? Any advice or prior experience on this would be a great help please. 

RAS

You were not married?

Onelife21

No not married.

WYSPECIAL

Assuming you own the house in equal portions then the usual thing would be for him to get 50% of the equity at the time you buy him out.