AIBU?
to think I can still get half (or more than half) of the house?
bakabakabeyond · 11/12/2019 14:42
Split up with my ex in march. Not married and have a 1 year old who he hasn't seen due to domestic abuse. Both names on the mortgage. He's been living there and paying the mortgage solely for the past year. I have not contributed. Am I right in thinking that I am still entitled to half even though I haven't been paying it or living there? My name is on it and I own 50%. His solicitor arguing that I am entitled to far less. I don't have solicitor at the moment as I have no money. Usually I would look at doing what is fair but as he was incredibly abusive, emotionally, physically and sexually, I couldn't care less and want to get as much as I can for my son. Can't contact him directly as there's a restraining order in place. Can anyone advise or speak from experience?
Sirzy · 11/12/2019 14:50
You have been ousted from the family home, therefore you will probably be eligible to claim occupational rent from him, so what you are legally owed for him having rented your half of the house from you will most likely balance out what you owe in mortgage payments. So unless he has paid for any big bits of maintainance work since the split then our should be a 50/50
thecalmorchid · 11/12/2019 15:12
Yes you are. Half of the repayments he makes are to compensate you for not being able to live there. As it's your house too. He is in effect paying his half and then renting your half from you by paying the total mortgage.
This was explained to me very clearly by a family court judge.
HollowTalk · 11/12/2019 15:13
The fact is that he behaved so badly that you had to leave. Obviously you weren't going to continue to pay half of the mortgage when you weren't able to live there. You had to pay for somewhere to live yourself, presumably.
Find your own solicitor and make sure he/she is as tough as your ex's.
LemonTT · 11/12/2019 15:28
At this stage you don’t really need a solicitor. Reply to the offer from his solicitor confirming that you are expecting 50 % of the equity based on current valuation. Confirm that your are offsetting fees due from his occupation against the ownership costs. Ask them to provide valuations.
Then wait to here what they say.
MarieG10 · 11/12/2019 15:34
Can you not get legal aid due to domestic abuse...I'm not an expert on that?
If you can't get legal aid, don't waste your money on a solicitor as it will cost you far more than anything you potentially receive. Represent yourself and get guidance from a legal centre or equivalent. What might be a strategy is refuse to cooperate and he risk having you on the deeds for years and having to give you half...he will probably want you off the deeds post general election as there could be a big property bounce post general election.
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