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

You bought a house together. Of course he is entitled to 50%. He owns half the house. I have a house but my husband pays the mortgage. I don't pay anything but half the house is still mine as we own it jointly

Well been to seek legal advice and yes he is entitled to 50%
What I struggle with is I have paid the mortgage and the secured loan every month for over 12 years since separating and he hasn't paid a penny we were together for only 3 years before we spilt and the secured loan paid if all his debts
I get no maintenance from him as cms chased him and he quit his job rather than pay me anything and now still !he is entitled to half what I have financially put in to this house which I have worked hard for yet he paid nothing
Somehow it seems so wrong but legally I have no leg to stand on so there you go

That is really shit.

Yes it is Persian there is no justice in this world

Make him a low offer to settle ? He'd be entitled to a bit from the 3 years together anyway - assuming it was increasing in value It does seem very unfair.

He is entitled to 10,000
50% of the profit in the house
The man isn't a reasonable man he wants the lot !

I was afraid this would be the case. Just doesn't seem fair. Like I said I'm in a similar situation with a ex who hasn't paid a penny for the mortgage but will no doubt want half of any equity there is. Makes it seem pointless to have done it!

Are you allowed to discount his 50% of the secured loan that you paid from his 50% of the equity?

I think I'm confused. Did the OP buy a house with her ex partner? As in they are both named on the deeds? If so, why is it shit that he wants 50%?

How much of the loan was used to pay his debt?
Have you fully paid back the loan?

I would work out exactly how much I had paid in mortgage payments for the last 12 years and work out what you jointly paid for the first three years.

Tell him you will happily give him 50% if he agrees to pay his half of the mortgage payments for the last 12 years and his portion of the loan.

If he refuses tell him his alternative is his half of the mortgage payments for the three years he paid it and 50% of any increased value in those three years.

If he still refuses tell him you actually think you will wait to sort it out until your youngest is 18, as you are entirely entitled to do, as he won’t see a penny until then.

Was the loan in both your names and have you fully paid it off?
Also, I’ve got no idea how CMS works but if he gets a ‘windfall ‘ of 10K, can you let them know and could they then make him back date payments?

I’m not sure
That is shit. For all that time he hasn’t been able to get his own mortgage as he was on yours. If he had wanted to come off that mortgage when he first left would you have been able to afford to remortgage alone?
I’ve left my Husband and right now am paying really high rent whilst he stays in the house own.
I’m not paying towards that mortgage as I’m not living there and I’m paying rent. In fact I’m doing him a favour not asking him to buy me out right now as he couldn’t afford to.

Kangar
The OP made all of the mortgage repayments herself for the last 12 years and received no CM but yet her ex will get half of the profit.

OP - look up "equitable accounting". Not sure you've been properly advised - either that or your solicitor got more information than you've divulged here.

Have you reduced the mortgage balance since the date of separation? If so, you should get credit for that. The loan has nothing to do with the house purchase. He owes you for half the total loan payments made since separation, so there should be a further adjustment for that.

I keep re reading that Persian and I cannot for the life of me see the justice in that 😞

Collaborate no the mortgage was interest only as 8 was unable to pay repayment as I had two babies when he walked out so was unable to financially afford to work and look after my girls

The loan is secured against the property so that gets cleared out of the profit

Nor can I mate, nor can I.

Persian😘 Thankyou for your support

I just explained your thread to my DS18 and asked what he thought your ex was entitled to.

His answer was 10% of the profit.

He said that presumably your ex paid half the mortgage for a fifth of the time so one tenth.

I am actually impressed with his reasoning.

But I spoke to a solicitor today and he assures me it's 50% x

DS18?

that's not legally the case PersianCatlady, collaborate is a lawyer so what they say is generally the case go to another solicitor for a second opinion but even with all the deductions he will be entitled to more then that because if has been on a mortgage he is unlikely to have been able to get another one so he has had to be paying rent.

So he should be entitled to profits as the OP has benefited greatly from her money not being thrown down the drain (aka rent) as even after she has paid the EX will have something to show for it but what does her Ex have after renting for 12 years? (that is how the Law in England and Wales see it).

While without more information we cannot judge what exactly he will be entitled too (please don't post that level of detail on the internet) so my recommendation is go too another solicitor (even a 2nd / 3rd opinion might be cheaper then paying a higher % )

Good luck

Hi, there are direct access barristers who will give you a much better and written reasoned opinion as to the legally correct division. It very much depends how the property is held, as joint tenants or tenants in common, and what was agreed at the outset between you both. The fact it is an interest only and not repayment mortgage is significant. Do take a second opinion because some solicitors can be lazy and not entirely up to date on the law particularly if they are high street solicitors. To find a direct access barrister go onto the bar council web page and find one near to you who specialises in family law and equity/beneficial interest issues. You will need to pay but its negotiable, particularly if you advise them it is a fairly straightforward issue. Shouldn't take more than half to three quarters of an hour of their time.

Would you legally be allowed to deduct any missing maintenance payments from this amount?