Is my ex entitled to equity of property

[Lmdm]

My ex and my child moved out of the house we had a joint morgage on 6 years ago cause we separated and she no longer wanted to live there. She lied to council to get a house and as been claiming housing benifits and more for all I no ever since. I have tried numerous of times to remorgage the house to get her name off as I didn't want to sell it. I am now in a position to do this and she agreed a fee that i had her sign and sent to my solicitor. I have since had the paper work drawn up for the remorgage and now she is claiming she wants half of the equity in the house and not the agreed amount she as signed for. When she moved out originally there was no equity in the house and now cause I have paid morgage for past 6 years there is. Does anyone no if she will be still entitled to half of the equity even though I now also have this signed agreed letter. I have obviously not said anything to the council about what she is doing as I don't want to cause any upset to my child but I now no she is about to move out of the council property and in a new house that her boyfriend is paying for. I think she believes that no one will ever no she claimed housing benifits and expects to just get 50% of the equity in the house I'm been maintaining for last 6 years. As anyone been in this situation or can share any opinions thanks.

Sounds complex. Your solicitor should be able to advise on this surely?

I didn’t mean that rudely. I mean, surely this question came up when you discussed this with the solicitor and drew up the paperwork? Wouldn’t there be a clause in that paperwork saying she gives up her right to further claim on the house? What does it say?

I went to a solicitor and he said I had a strong case and we put an offer to her which she accepted. She as since changed her mind and wants to fight me for more money. I just wanted advice before I have to go back to the solicitors

It said she as accepted the amount on a remorgage and will not have any further interest on the property. I think she as changed her mind now cause she is moving out of her council house and into a new house with her boyfriend and feels she can try her luck

In law she is entitled to half of the equity.

Were you married? If not how was the property registered?

What law is that Mary?

We were never married and I think it's called joint tenency if that's the most common one

Was it Tennants in Common?

It said she as accepted the amount on a remorgage and will not have any further interest on the property.

That sounds like she signed away her rights to any money beyond the agreed amount, but you need to double check with the solicitor as it will depend on the details of the case.

Joint tenants.

Tenants in common is when you stipulate what share you own when you first buy it.

She may be entitled to claim some of the equity from you; you may be entitled to claim her share of the mortgage payments from her. Come to a compromise - no mortgage payments = no equity. Maybe also with a veiled threat of advising the Council of her duplicity, as she would have had to state that she did not own a house.

Tell her she can have it. But to understand she will need to pay back her housing benefit.for the last six years as your solicitor will be informing the council. Tell her to let you know how she wishes to proceed.

She is entitled to 50% of equity. Simple.

I'm not sure on the tennents in common one. We would of just had the most popular everyone as.
As an example there is now 24000 equity and I have paid over 26000 of my own money in the house since she left. So if she gives Me 13000 half of the money I put in and that's not including maintenance of the property like a new boiler system and kitchen she can half of the equity which is 12000

I thought I had the Tennants in Common one, with no agreement as to equity, but it was some time ago, so I may have misremembered. When you refer to the money you have paid, that presumably was paying mortgage interest as well as capital. Not sure you can count the interest, as you were benefitting from living there iuswim.

Sorry, are you saying all the 24,000 equity has built up since she left? If so, the point about you living there still stands, but you can disregard the mortgage interest remark. You would need to prove the time she left, and the financial status on the house at that time. I assume you have mortgage statements, or can access copies, but your solicitor is the one to go to on this. It sounds fairly complicated.

-why did you split up? Are you at fault? Don’t weasel-word it. Are you at fault?

• you have a joint mortgage

-and a child.

• how did she ‘lie to the council’ exactly?

-it’s immaterial that she has a new bf, him paying rent factors fuck all in relation to your shared property.

I’ve read between the lines a little maybe, but you should stand back and consider what is best for your child - not how it pertains to you or how it might fuck off your ex.

snapes

It is totally irrelevant who was at fault for the break up
It makes zero difference to the legal split of assets and won't cloud the decision making of any judge, should this go to court

why did you split up? Are you at fault? Don’t weasel-word it. Are you at fault

Makes absolutely no difference to the ex's entitlement.

it’s immaterial that she has a new bf, him paying rent factors fuck all in relation to your shared property

If the OP and his ex had been married it may have made a difference in that it reduces her needs. However, they weren't so it is immaterial.

Lmdm - You need to discuss this with your solicitor. No-one on here can tell you for certain whether she has a claim. That depends on a number of factors including how the property is owned and what paperwork (if any) she has signed.

It makes no difference like you said how we split but it was muteral and she choose to leave the property cause she didn't want live there any more. From when she moved out we verbally agreed that I would keep and pay for the house and she wpuld have no claims on it with there being negative equity when she left. Obviously from one thing to another I have had several declines of a remorgage and it's only this last year that I can remorgage. She accepted a sum of money and signed a letter saying this. I also made clear she would have to wait 6 months for this to be sorted which she agreed. Like I said I think now she is moving out of this council house that she is declining the offer and thinks she can try her luck cause she as nothing to loose

What is it you think you have on her in relation to the council house?

Unless you can reach an agreement with her, you'll need to go to court - and we can't really predict what'll happen then.

The court will be trying to ascertain what your joint intentions were. The starting point is that she's entitled to 50% of the equity, because when you bought the place you signed a deed that said that's how you wanted to split it. However, you might then be able to sway the court if you can provide evidence that she intended to relinquish her claim when she left. Will this signed document convince them? I've no idea.

Nothing to do with the relationship breakdown, the council house, her benefits claim or anything along those lines will affect it at all.

Yes the council house and housing benefit have got nothing to do with her entitlement.

What rent did you pay to her for living in the house all that time?