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    • Hutch100uk
    • By Hutch100uk 13th Mar 18, 2:03 PM
    • 360Posts
    • 89Thanks
    Paying mortgage after break up
    • #1
    • 13th Mar 18, 2:03 PM
    Paying mortgage after break up 13th Mar 18 at 2:03 PM
    I have had conflicting advice about this. My ex and I are 'tenants in common' on our house 50/50. When we split last year, I have been paying the mortgage solely (we agreed this as he couldn't afford to pay half while renting).

    I just assumed when the house sold he would be entitled to 50% but I've been told by some people that isn't necessarily the case if he hasn't been contributing to the mortgage.

    I know I should get proper legal advice but I already paid 100 to a solicitor at the beginning who didn't mention anything about it.

    We were not married and have 2 children if this is a factor!
    Last edited by Hutch100uk; 13-03-2018 at 2:05 PM.
Page 1
    • hazyjo
    • By hazyjo 13th Mar 18, 4:03 PM
    • 10,529 Posts
    • 13,696 Thanks
    • #2
    • 13th Mar 18, 4:03 PM
    • #2
    • 13th Mar 18, 4:03 PM
    So you've lived there without sharing with him - would that mean he would be entitled to 'rent' from you for using his share of the house? Was it a nasty split - I mean do you want it to be petty or are you trying to keep it amicable?
    2018 wins: Single Malt Whisky; theatre tickets; festival tickets; year of gin(!); shoes
    • xylophone
    • By xylophone 13th Mar 18, 4:11 PM
    • 25,374 Posts
    • 14,970 Thanks
    • #3
    • 13th Mar 18, 4:11 PM
    • #3
    • 13th Mar 18, 4:11 PM
    You are paying the whole of the mortgage but you are enjoying the use of the whole of the property....

    You could possibly consider taking in a lodger and sharing the proceeds with your ex to assist him with his housing costs?

    Presumably he is paying towards the support of your children which includes their housing costs so in that sense he is making a contribution to the mortgage?

    It is time to get a formal legal agreement in place?
    • TBagpuss
    • By TBagpuss 13th Mar 18, 4:14 PM
    • 6,487 Posts
    • 8,418 Thanks
    • #4
    • 13th Mar 18, 4:14 PM
    • #4
    • 13th Mar 18, 4:14 PM
    There isn't a fixed rule. If you can't come to an agreement and ended up in court it would boil down to whether there was any actual or implied agreement between you that your payments would change the shares you each own in the property. and in the absence of a definite agreement then it would likely come down to the length of time it went on for, and what if any discussions you had.

    In your case, it sounds as though you agreed that you would pay the mortgage bu there was no mention of this changing the shares you own in the property

    Is the rent he pays more or less than 50% of the mortgage? IS the total mortgage more or less than you would expect to pay in rent for similar property?

    If you are not currently planning to sell the property, then it would make sense for you to get a formal separation agreement and declaration of trust drawn up so you have a a clear agreement in place about what you are each responsible for, and when and in what circumstances either of you can force a sale.
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