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Is my ex entitled to equity of property

36 replies

Lmdm · 01/01/2018 17:48

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.

OP posts:
SpongeBobJudgeyPants · 02/01/2018 07:51

I mentioned the benefit of living in the house during that time earlier Bert but the Op has chosen to ignore that 😀

PersianCatLady · 02/01/2018 15:28

See a solicitor.

Lmdm · 02/01/2018 16:53

Sorry don't no what you mean I obviously paid her nothing to live in the council house I just pay maintenance for my child

OP posts:
prh47bridge · 02/01/2018 18:03

The question isn't about the council house. As far as I can see you didn't live there. The question is about the house you jointly own with your ex. I am assuming that, as you jointly own it and you were paying the mortgage in full, you did not also pay rent to her or anyone else.,

SpongeBobJudgeyPants · 02/01/2018 18:15

Can you see how you benefitted from living in the property? Ie, had you not lived there, you would have needed to pay rent somewhere else, which is lost money, as it were, rather than mortgage payments, which pays interest on the borrowed money, but also some off the capital, reducing the money that you owe.

cathycake · 02/01/2018 18:20

I'm pretty sure that if she wanted to go for half the equity she would need to show proof that she had been paying half the mortgage?

cathycake · 02/01/2018 18:23

Re housing benefits - only recently it was on a to show that you can't get housing benefit if you also own a house ( recent can't pay we take it away show)

prh47bridge · 02/01/2018 20:09

I'm pretty sure that if she wanted to go for half the equity she would need to show proof that she had been paying half the mortgage

Not necessarily, especially as the house is owned jointly.

As I've said a couple of times on this thread, the OP needs to consult his solicitor.

Collaborate · 02/01/2018 21:09

Only OP's solicitor has been finished with the full facts.

OP - due to that, you cannot rely on any of the responses here, and must solely take the advice of your solicitor. I'd ask him or her whether the agreement mentioned upthread (for her to take a payment in return to signing the house over to you) is a binding compromise of a legal claim.

Newrules · 02/01/2018 21:20

You don’t have to pay the mortgage to be entitled to the equity (been through recent divorce.)

kittensinmydinner1 · 02/01/2018 23:54

The point about the council house and housing benefit is that neither were legally obtained as not obtainable/ payable if you own another property. UNLESS there in really unusual circumstances and you have a court order showing you have no habitation rights in 'your' house. ie partner gets an occupation order.

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