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AIBU?

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To tell him to sod off your not having 50%

31 replies

Userdefinederror · 04/01/2019 00:36

I'm in a bit of a conundrum split 6years divorced for 4 I stayed in the marital home paying the full mortgage for the last 6 years. New partner moved in 2 yrs ago with my (with ex) 2 children. House was in major negative equity when he left so divorced without it being sorted I couldn't bear to be married to him any longer! I am now in a position to pay off the mortgage in full and there may be a couple of grand equity up to max 10k. This is because I have be paying the mortgage and the market has gone up to the just under the value of the mortgage when he left. I am loathed to hand over 50% to him of whatever it is he has actively fought to pay the minimum CM he possibly can and only provides the basics when kids are with him (clothes, bus fare, school trips etc all covered by me) due to illness I wouldn't be able work in the same capacity as before so trying to get my ducks in a row. Everything is a battle and I know a solicitor will need to be seen as he will fight for every single penny and tell any lie to get it (divorce was super crazy fun!!) I have the money available to go but need a wee handhold to be strong as my kids deserve it they've been through so much the last while with me being I'll. The thought of going through all the solicitor letters and court process is making me think I should Chuck cash at him and run but reality is my eldest should be going to uni next year and has already been told it up to mum to sort it out 😣 sorry long read but I'm really lost how to approach it

OP posts:
Userdefinederror · 04/01/2019 03:16

Humbug what a horrible thought that didn't even occur to me!!! Right solicitor tomorrow for this and a will I'm only 35 with Peter pan syndrome 😁

OP posts:
SleepBlueR00m · 04/01/2019 03:29

Surely you both own 50 percent, even if he doesn't live there. You need to consult a solicitor. You need to sell and split half each. Or if you stay in the house, you need to buy his part or vice versa. You may receive a bigger share if you house the children. Secondly, what about pensions, savings, other assets ?

NoFaking · 04/01/2019 03:32

It should always be 50 / 50 surely ?

Bahhhhhumbug · 04/01/2019 03:33

Sorry but yes that's how my solicitor put it in a nutshell to me when discussing whether to buy me and Dh's house before we were married. He advised against joint tenancy as it meant if l went first then whole house would belong to dp and then his DC could end up with it all and cut out my DC.

SleepBlueR00m · 04/01/2019 03:33

If the house is worth 77k surely, if one person bought the other out, they would have to pay 30k (minus solicitor fees etc) approx not £750 ?

ExFury · 04/01/2019 04:13

If the house is worth 77k surely, if one person bought the other out, they would have to pay 30k (minus solicitor fees etc) approx not £750 ?

Not with a mortgage. Value - mortgage = profit left.

Which is why the OP needs to sort this before the mortgage is paid off otherwise a half share could be worth considerably more.

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