Question

[Besswess88]

Posting here as do not want to be found.

I have left an abusive relationship.

I will take legal advice but - anyone have any idea if he has been on my mortgage for 7 years (I have had the mortgage since 2001), house worth circa £350,000 and I owe £140,000.

What I might be looking at to pay hom

Are you married?
Is he on the deeds?
Are you in England?

Yes we are married.

Am unsure if he is on the deeds actually.

And yes.

He also has military pay out and pension to come.

You would know if you're on the deeds, surely?

And surely you know that you're on the mortgage as you will have signed for it?

Can you remember what you signed?

I think he may get something but you need to go after the military payout and pension

Then you maybe able to do a deal, you leave that intac5, he won’t touch the house

I am fairly sure if he is on the mortgage he will be on the deeds. When ehx and I married and remortgaged we had to do this.

In answer to your question...what was the value of the house when he went on the mortgage v now? Has he paid for the mortgage, household bills, maintenance etc. If yes then I would start negotiations at 50% of the increase.

So if house was worth 300k and now 350k I would look at 25k to buy out

I am def on the deeds, I think he is too.

“In answer to your question...what was the value of the house when he went on the mortgage v now? Has he paid for the mortgage, household bills, maintenance etc. If yes then I would start negotiations at 50% of the increase.

So if house was worth 300k and now 350k I would look at 25k to buy out”

Thanks that is really useful.

Got a 25 yr mortgage 21 years ago, 40 years later I might pay it off 🙈🙈🙈

Yeah 25k is a good starting point, and to then negotiate his payout (I don’t really want to do this but will if I have to).

As we have no children together would I have a claim on his pension?

Also he used this as his address for 6 years before he went on the mortgage but contributed nothing.

How long have you been married? I would think you may be looking at 50% but you may be able to negotiate against any asserts of his that he would owe you 50% of

How long have you been together/ married? A starting point would be 50% but you need to find a SHL.

@besswess88 if you weren't married and had he wasn't contributing then morally he has no claim. Legally it's possible but it wouldn't be overtly strong.

Kids or not marriage means you have a claim against any savings or pensions that he has and vice versa. You would be wise to establish what they are and work out what your claim would be on them...again 50% of the increase in worth from the point in marriage. I would then use that figure as a bargaining chip on what he can claim from the house.

Ie if your claim on his assets is say 10k and his on yours is 25k then I would that you won't claim on his but in return you will only offer him 15k of the house. Equally if your claim on his is nearer 20k I would suggest you call it quits at that and both walk away.

Whatever you do insist on a clean break agreement. That means that should the house have a massive increase in value then he cannot come back and claim additional funds from you. Also means that should you die he cannot make a claim on your estate if you have named him in a will and not amended it.