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

I don't think so it's completely separate matter I think

With the mortgage being interest only that narrows your options. I still think your solicitor is wrong about the secured loan.

Sorry that this sounds a bit harsh, but the shit thing here is when women do not understand their legal position

Whenever there is a major change in circumstances, the legalities need to be checked. Deciding to stay in a house which someone else half owns could be exactly the right thing for a variety of reasons, but does not cancel out their ownership IYSWIM. You made perfectly valid choices OP, because you put stability for your DC at the heart of it.

I don't know what your abbreviations are ?

I agree with Collaborate about the secured loan.

But if the equity is only £20K you are probably best to cut your losses and get him gone, you will quickly spend any possible gain in higher remortgage interest rates,

If You See What I Mean,

Original Poster

Kids

Thankyou

MumToATeenager
Sorry I have confused you.

DS 18 is my 18 year old son,

He is really logical and I was reading your post out loud commenting on how unjust it all is and he said 50% sounded so unfair.

I said what would be fair and he told me 10%.

Sorry.

I can understand why legally it is 50% but like many other legal things, it doesn't make it seem fair in a moral sense.

I had option at the time of separation to stay in the family home my eldest had just started school locally in the area and my new born baby was just getting settled the thought of moving after my partner walked out on me was not a possibility I wanted to keep some sort of stability for the kids x
I got a job and worked as much as I could while paying a childminder yo pay the mortgage
It's the secured loan I have an issue with we were both responsible for that loan and he should of paid half but he ignored me and insisted on paying nothing and I faced resposession
I feel like I should get something back for the fact I have paid continuous payments for that loan
I understand about the mortgage I was living in the house so therefore I should pay it I completely understand that
What I struggle with is
I have paid the mortgage for 12 out of the 15 years and I have paid the loan 12 out of the 15 years
My ex has dipped out of maintenance too often to mention and I haven't received any from him for over 10 months now and I m now faced with getting very little profit out of the house on sale and I have to give him 10k when I have financially brought up be kept a roof over OUR children's heads on my own
Something needs to change in the justice system
I have been fair I have never stopped him seeing his kids even though he doesn't support them and it's him who dips on for months on end with no contact
My eldest doesn't see him anymore and he cancels seeing my youngest constantly
As much as it pains me to give him 10k I know in the long run he will out of my life forever and he has no hold over me but it's just a very hard pill to swallow and I honestly thought I had a slight case for justice but no

As much as I understand his name is on the mortgage so we are joint owners but all it is is a name he has no financed the mortgage at all
He had the luxury walking away and renting a little one bed flat hutch was a hell of a lot cheaper than a 3 bed mortgage and secured loan
I couldn't rent a 1 bed cheap flat as I had the two girls to consider and
Was in a low income as I had 2 children and could not work full time as we all know how expensive childcare costs are
He was able to work as much as he like and earn a fortune and live his life as he chooses and the kids were not his problem
Financially etc
The moment child support chased him he quit his job and I got nothing and now is self employed swindling his tax so I get nothing still
And I now have to give him 10,000
Please tell me where there is justice in that

It might not seem fair but you are looking at only from your angle i had this debate recently with a friend that got a mesher order for the house (aka house is sold when youngest is 18) she hated how its the value of the house on day of sale rather then when order was made (if she had sold when divoced house was worth around £120,000 he would of gotten 45% of that) house now 15 years on is worth nearly £800,000 she thinks he should only be entilted to the £55,000 he would of gotten at time of divorce never mind that he was stuck on the mortgage so he could not buy a house in the 15 years as he did not earn enough to be considered for 2 mortgages.

Having heard you are only paying an interest only mortgage I feel differently than if you were paying off the interest. The £20,000 equity in the house is only from the increase in value over the 12 years (which could have been a decrease in value had this been a few years ago) so I do think he is due his share. As others have said, he hadn't been able to buy in all this time plus if you have been only paying interest only I suspect that is cheaper than renting.

However I also think he should pay you back for his share of the secured loan and there should be a way of claiming back owed cms payments from this money.

Loan might be potentially harder as you are jointly responsible as you know which is why you have kept up payments. Morally he owes you but legally he probably doesn't.

Is there anyway of getting on to cms and letting them know of the windfall before he gets it? Or can you take him to small claims for back money just before he gets it so he hasn't a chance to spend it?

I'm pleased it was interest only can imagine how much I would have lost having actually paid the mortgage value off

If you had been paying off the mortgage you would have got credit for that. So your share would have been considerably more than 50%.

I want told otherwise

I agree with Collaborate who said, "Not sure you've been properly advised - either that or your solicitor got more information than you've divulged here." Normally I would expect you to get credit for any capital repayments on the mortgage. However, as there weren't any that is not relevant to your current situation.

Another lawyer here. I also agree with getting a second opinion.