What is my ex entitled too

[mumtoateenger75]

Hi all
I'm after a bit of advice
My ex and I split up over 12 years ago and I resided in the family home with our two girls we went married but we owned the property together
I continued to pay the mortgage and a secured loan that we had on the property single handed with no help from my ex
I have no remarried and my ex wants to come off the mortgage which is fair enough so my husband is going to buy the house
My ex has insisted he is entitled to 50%of the profit from the house sale and I feel that surely legally he isn't entitled to that much having no contributed to the payments for over 12 years and only did for app 3 years max
Could someone please shed some light through either experience or legal knowledge as to what he is entitled too
Many thanks

It's complicated. You need to see a solicitor.

i really dont think anyone here can tell you what your rights are, you def need legal advice

morally - you could work out the value of the house 12 yrs ago, work out the equity you had, halve it - remove from his 'half' any maintenance he should have paid if he didnt pay any (not sure from your post),

Although you very paid the mortgage it's enabled you to have a roof over your head. Your ex had to pay rent during this period presumably to keep a roof over his.

Yes he has had too but I have housed both our girls and paid a mortgage and a secured loan on th eproperty thta is in both our names and he did t help pay too

I left my joint owned home with loan at attached ten years ago - on sold I was still entitled to 50% despite never paying anything from the day I left.

Did you have any children

And did you. It pay towards loan or house either

It'll be 50-50. Your paying the mortgage is in lieu of paying rent to him for his share.

We have 3x ds, he has 1 and I have 2 with me. Never paid anything, no cms either way .

I'm in a similar situation OP. reading with interest. Just doesn't seem fair after all this time he'd be entitled to 50/50

Yes I agree so I have paid the mortgage and he has paid nothing and he can get half of equity at the end that's awful

Have you seen a solicitor?

We are due too yes but I just wanted to see if anyone had experience on this

Your paying the mortgage is in lieu of paying rent to him for his share.

thats a good point (obviously not taking in to account payments for the children) you didnt own 'his' share of the house, like when you rent from a landlord you dont own the property

But I couldn't rent a one bed home as I had our two kids to house his kids for that matter

It'll be 50-50

Not necessarily. The OP needs proper legal advice.

You need legal advice, but the two things that seem to me to justify departure from equality are:-

1. If you paid off any capital from the mortgage over the years you will get full credit for that.
2. This depends what the loan was taken out for. If it was for spending on the house you should treat it like the mortgage, in that you should get credit for capital repayments. If it was for other things like debt consolidation or a holiday (anything not house related) you should be seeking half of all payments you’ve made (that’s all repayments not just capital) since separation.

The secured loan paid back the 5% we borrowed for our dep for mortgage and the other 10000 went on paying off his debts

The starting point is 50-50, but it doesn’t necessarily mean 50-50. It depends on circumstances and what has been paid, by whom, when etc etc. You need to see a solicitor. There have been cases (can’t remember the exact name of it) where the case went to court and it went 90-10 in the ex-wife’s favour.
It’s quite complicated. Are you divorced?

She's not just divorced, She's remarried, which adds in a whole potential level of complication.

Who filed the petition in your divorce, OP?

We were never married x

He walked out 3 years after us buying the house
I have paid for it ever since there is a secured loan on th property that I pay for and for the last 9 months he hasn't paid me any maintenance

Why does me now being married make it more complicated
x x

It doesn't, as you weren't married to the ex.

If you had been, then remarriage would have deprived you of most of the financial remedies available on divorce, and it isn't legally clear whether a remarried ex spouse can use the legislation used by unmarried co-owners in those circumstances.

However, you weren't married to bloke 1, so your position is not as complicated.

But you still need to see a solicitor. No one can advise you properly on here.

Can you afford to take on a new mortgage for the house alone? Or with your new partner?

You can’t just take someone off a mortgage, you need to be approved for a new one without your ex.