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No more paying the mortgage

(101 Posts)
CurtainWitcher Tue 26-May-20 10:30:01

My sister has been with her DP for sixteen years and they have a ten year old DD.

Her DP has refused to legally formalise their finances (marriage etc), as he believes he brought more to the table money-wise.

When they bought their house, he put roughly 70% of their deposit and she put in 30%. If it's sold, that split will be what they reach receive.

Their salaries go into a joint account and all bills, including mortgage, are paid from that.

Was I unreasonable to suggest that she stops paying the mortgage because she's paying off his share? They've lived there for thirteen years and have £50k left on the mortgage. is worth around £400k.

Was I unreasonable?

OP’s posts: |
Hoppinggreen Tue 26-May-20 10:30:58

You were unreasonable to stick your nose in

CurtainWitcher Tue 26-May-20 10:34:29

I didn't. She asked what I thought.

OP’s posts: |
zscaler Tue 26-May-20 10:42:05

Surely if they split they would each get back what they put into the deposit, and then share the equity equally? Or do they have a contract stating the 70/30 split? If so she was an idiot for signing it...

CaptainButtock Tue 26-May-20 10:42:29

Yes, surely it's only fair that he pays 70% of mortgage costs, and she pays 30%?

Notso Tue 26-May-20 10:48:13

No of course shouldn't pay for his share.
My friend and her DP bought a house together. My friend sold her own house and paid for her half outright which was the deposit. Her DP pays the mortgage on his own as that's his half.

BaronessBomburst Tue 26-May-20 10:49:53

Is it just the deposit that's protected with a 70/30 split, or the actual ownership of the house is 70/30?

GabriellaMontez Tue 26-May-20 10:51:43

Did they have a legal agreement about the house?

Stannisbaratheonsboxofmatches Tue 26-May-20 10:53:53

Yes surely it’s only the deposit that’s 70/30?

The rest should be split equally

CurtainWitcher Tue 26-May-20 10:57:45

Just checked. He paid 70% of the deposit, but legally he owns the same amount of the house, despite them paying the mortgage. Doesn't seem fair to me.

OP’s posts: |
justhereforthetips Tue 26-May-20 10:59:14

Well they should be paying the mortgage 70/30 then. Maybe they are? You haven't said they're paying half each.

CurtainWitcher Tue 26-May-20 10:59:17

As far as I understand, the legal agreement says that he receives 70% of house sale proceedings, if they sell. His cousin was the solicitor.

OP’s posts: |
CurtainWitcher Tue 26-May-20 11:00:22

As far as I know, their salaries are very similar and it all goes into one pot, from which the mortgage is paid.

OP’s posts: |
Idododoidadada Tue 26-May-20 11:00:51

Their salaries go into a joint account and all bills, including mortgage, are paid from that

Are they earning equal salaries?

Idododoidadada Tue 26-May-20 11:01:08

X post

Elsiebear90 Tue 26-May-20 11:01:18

Why does he own 70% of the house when she’s paying 50% of the mortgage? Did they ask their solicitor to include this when they bought the house as the deposit is a completely separate issue to how much of the house they own?

justhereforthetips Tue 26-May-20 11:01:32

I think you need to know all of the details if you're going to offer any sort of advice.

WatchingFromTheWings Tue 26-May-20 11:02:52

Think I'd be setting things up so she pays 30% of the mortgage into the joint account, split everything else 50/50 and they each keep the rest of their wages.

CurtainWitcher Tue 26-May-20 11:04:58

I don't think he should own more than her. Ok, take deposits separately, but remainder should be 50/50.

She said she doesn't know how to get the contract changed (I don't know why she won't just ask and find out!), I advised her to stop paying the mortgage. I told her that she should set up her own bank account until house is legally half hers.

OP’s posts: |
TheSmelliestHouse Tue 26-May-20 11:05:07

She should only pay 30% of the mortgage under that agreement. He's being very tight.

CurtainWitcher Tue 26-May-20 11:06:58

She trusted her DP and his cousin (who she doesn't know) and now has no information or easy access to it. I wish she'd have more of a backbone and just stand up for herself.

OP’s posts: |
honeylulu Tue 26-May-20 11:08:04

What proportion of the mortgage does your sister pay? The way things are set up as 70/30 tenants in common, she should pay 30%.

She isn't married so no 50/50 claim on the equity.

Cousin as solicitor sounds a bit dodgy unless it can be satisfied this was an "arms length" transaction. Did the sol suggest your sister sought independent legal advice? Certainly should have done! If did not, she may be able to contest the arrangement in future if the relationship falls apart and it seems unfair that she icky gets 30%. (Doesn't mean it IS unfair however. This is one of the penalties of a lower earning partner not being married. Plus of course an advantage to the higher earning partner!)

CurtainWitcher Tue 26-May-20 11:09:37

Her DP seems like a nice enough man, but is very independent and likes to protect his money. He tells her she's his Commonlaw Wife, which I know is utterly meaningless, and I suspect he knows that too. I wouldn't want to be with someone like that, personally.

OP’s posts: |
Ponoka7 Tue 26-May-20 11:10:12

She should calculate how much she is paying. If she leaves with 30%, she pays 30%.

Is he paying more for furniture, holidays etc and she is living a lifestyle that is way beyond her means?

You've got to look at everything and weigh it all up, including her taking a hit because of maternity/child/house work etc.

Crinkletinkle Tue 26-May-20 11:10:22

Did she get separate legal advice when she entered the contact? Or did his cousin advise both of them together?

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