Ex not paying...mortgage entitlement?

[ShimmerandShining]

I am currently living in the family home paying all of the mortgage and costs of the home (is a joint mortgage). I have been doing this for two years. I am the lower earner and the children spend most time with me. Ex dragging out splitting assets, also Nisi has come. As ex is not contributing to the mortgage if he continues to delay do I still have to split the equity with him 50:50? I am the one scrimping and saving to pay down the mortgage for his benefit it seems. I cansee it's fair to split this way if both parties are paying the mortgage, but I've been paying from day 1. I can afford to buy him out but the longer this gets left the more and more money I need to find to do this! Help please?!

You need to get proper legal advice on this and the financial split generally: if the children will be living primarily with you, the asset split will likely be more than 50/50 in your favour in the first place.

Whilst your jointly liable for the mortgage, it’s not uncommon for the person who remains in the property to pay the full mortgage in lieu of paying “rent” to the person who has moved out for their share of the property: you are currently benefiting from living in the property whilst he isn’t and is presumably paying rent elsewhere. But there’s no hard and fast rule and your solicitor can advise you better.

If I continue to pay the mortgage for another year or even 18months is he entitled to a share of that equity I have accrued? Or if the equity accrual paused at some point in time such as date he moved out or Nisi date? Has anyone been in this situation I can't find answers anywhere

Unless you both established a separation Agreement that covered the issue it won’t be assumed that the value of the marital asset was frozen when he left the home.

As the pp pointed out your are occupying his half of the home, you jointly own. This has a value. Probably equal to at least half of the cost of the mortgage.

But all circumstances are different and you may be able to debate the issue and negotiate additional value. But you can only do that if you accept the fact you have a betterment, sole occupancy of the home, in return for the cost of paying all the mortgage. He has a loss of a home and costs of a new home.

if the children will be living primarily with you, the asset split will likely be more than 50/50 in your favour in the first place.

Likely? No. Possible? Yes, but there are many factors that come in to play so you must feel proper, paid for, legal advice.

The value of the house is considered to be whatever it's worth when the court comes round to dealing with it.

feel?? Take.

Depends on if you were married.
I was not married but am in a similar situation. My ex never contributed. I have had several legal consultations about this. You can apply for order of sale and to alter the proceeds of sale from 50:50 to get awarded more if you can prove you have contributed whilst he has not. If you were married then you can argue you should be awarded more because you are also providing a home for your children and this incurs costs. You can definitely claim back costs of repairs and decorating/improvements if they have added value to the property.

The other option is to apply for equitable accounting, where you work out the difference between would be due to him in occupational rent and what his contribution to 50 per cent of mortgage and buildings insurance would have been, and see whether this more or less balances, or one person ‘owes’ the other money.

However, to claim occupational rent, you have to be contributing 50 percent of mortgage and building insurance, and have to be excluded from the property unreasonably. The other side of occupational rent is that you are essentially paying back a huge debt to the bank on behalf of both you and your ex, whilst also housing his children, and allowing him to accrue 50 percent of the equity.

Google some case law - Stack V Dowden is a landmark case.

I have been told by many solicitors that each case is judged on its own merit though. Good luck.

Tell him if he wants half the equity he has to pay half the mortgage simple

Hi @user765 can you explain what equitable accounting is? You say you 'apply' for it?

I'm really worrying that all this won't be resolved and I'll end up on the SVR soon if nothing can be agreed.

We are currently in mediation...can we prioritise sorting the house transfer separately to separating all the other assets to move things on? I know I need a memorandum of understanding but could that just be for one thing like the house or does it need to include everything at once?

Equitable accounting: www.familylawweek.co.uk/site.aspx?i=ed1746