Ex-partner's home insurance on our jointly-owned property

OutdoorGuy73

Apologies if this is a bit long but here's the background story. My ex and I broke up at the end of last year. I moved out, and she is still living in our house with our son. I pay my half of the mortgage. She pays the bills and has taken out her own home insurance policy in her name. As a co-home owner, I believe I am responsible for contributing towards the mortgage repayments and maintenence on the property.

In recent weeks during the hot weather, cracks have started to appear in the walls and floor. It is suspected that there is subsidence being caused by some conifer trees on a neighbours property. In the next week, her insurance company are sending someone out to assess it.

Nothing has happened yet but I'd like to know what my responsibilities are. I'm assuming she might have to pay some excess at some point potentially. As it's her policy, not mine, am I responsible for contributing towards the excess? My way of thinking is if there was any money paid out, it would go to her as its her policy so the same would be for the excess. This is just pre-entitive so I can be prepared in case.

I'm not sure who i need to consult. Thank you in advance.

GrubbyGirl_2

You make it sound like she is going to make a profit from this claim?  You jointly own the house so are jointly responsible and liable. You should also be paying half of the buildings insurance (assuming you don't) and be glad that she was responsible enough to have made sure the buildings are insured

gwynlas

It is still your house so you should be paying half of the insurance.

If the policy pays out but there is an excess you should pay half so that she is not at a loss

OutdoorGuy73

GrubbyGirl_2

Thanks for your reply. I don't think she's trying to make a profit at all. The policy was up for renewal about a month after we broke up and she didn't consult me about it, so I assume she's taken a policy out in her own name without my involvement. I've not been in this situation before so i don't know the protocol, and probably neither does she. I was the one previously paying the insurance. I just needed to know if that was the case, and I'm not named on the policy if I should be paying it.        

MyRealNameToo

were you married?

OutdoorGuy73

@MyRealNameToo no we weren't. 

MyRealNameToo

so it all comes down to negotiation. Let's say you'd contributed 50/50 until you split and then you only paid for the mortgage after. There is certainly an argument that you should no longer be entitled to 50% given the property with active subsidence is going to be worth a lot less than with it having been fixed. 

However there can be counter arguments, the remaining partner may do some "improvements" which you dont contribute to and it may be questionable as to what value they have added to the property. Certainly sometimes doing something to a house can add more value than it costs but some weird choices can devalue a property

OutdoorGuy73

@MyRealNameToo

Thank you. Interestingly, one thing she did do in February was change the land registry to tenants in common, so the property is a 50/50 split. I have my own thoughts as to why she's done that, but that's not for here really. 

MyRealNameToo

OutdoorGuy73 said:

Thank you. Interestingly, one thing she did do in February was change the land registry to tenants in common, so the property is a 50/50 split. I have my own thoughts as to why she's done that, but that's not for here really. 

Tenants in common without a deed to state otherwise will mean its 50/50 which will probably make it a little easier to argue you are owed the full 50% -v- if it had remained as joint tenants which strictly means you each own 100%. 

It is a sensible move to make as were one of you to pass before the property is disposed of the remaining person would automatically have owned the property in full irrespective of any will etc had it remained joint tenants.