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Negative equity and divorce

(5 Posts)
dizzybee001 Mon 16-Sep-13 10:16:58

Hi all

Just need some advice, my partner split up from his wife 4 years ago, her choice, she moved out into a flat which she rents. He pays her child maintenance.

They still own their house together which is in negative equity as they took out one of these deals where they have a 75% mortgage and a 25% loan from the building company which was deferred for 10 years. The house is now worth less than they paid for it.

Our plan is for him to move in with me and to rent out his house until it comes out of negative equity. However, will his ex be entitled to half the rent as she still legally owns half the property? She has not paid anything into the house since they split up.

If he sold now I very much doubt whether she would pay her half of the debt to cover the negative equity and he couldn't afford to take on the mortgage and a loan for the negative equity at the moment.

I think she sees the house as a long term investment for her so would dig her heels in about selling, but she would argue that if he's getting rent she's entitled to half, can anyone confirm whether she would be?

Thanks

Collaborate Mon 16-Sep-13 12:21:58

Presumably he'll pay the mortgage and other outgoings out of the rental income. She's entitled to half of any profit made, but would have to pay half of any losses.

Paranoidinsuburbia Mon 16-Sep-13 12:31:38

I think but am not certain they could take off her "half" from any profit eventually.

For example if mortgage is £1000 and he pays for 5 years and she doesn't, when the house is sold she would owe 5 years of £500 a month..

Maybe

dizzybee001 Mon 16-Sep-13 13:00:52

Thank you I really appreciate your answers.

vj32 Mon 16-Sep-13 14:23:22

Get legal advice.

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