Me Ex has has left me with all his debts

[TTudor]

My ex (not married) left me in a joint home, in a real mess, so bad the house was deemed not safe for 2 kids to live in. and stopped paying half the mortgage and just 16 p/w maintenance for 2 Children.

I met someone new he helped me make the house safe, but still not in a position i could sell it to get away from my ex. I got InTouch with my ex and told him my new partner was willing to help me with the house but wasn't happy to knowing his name was on the mortgage, my agreed he didn't want any of the profits from the sale if my partner want to help me. after 5 years my partner has invested time and money to help me renovate the property my ex now wants half.

You mean you didnt get anything agreed in writing at the time?
You need legal help with this. Get them to argue you should get more because you've put more in. See if that's an option.

and I've found out he has listed his debts against the house in 2008 that i was not aware of. My new partner has done so much in helping me turn my life around but this has left him feeling like he has been taken for a ride.

we got a messages to the effect he didnt wat anything from the sale.

Yeah, you need specialist legal advice to hopefully not get fully screwed.

by the time a pay his debts i would even cover the cost my partner has spent.

Are they ccj that have been secured on the house or consolidation type loans that have been secured?

we are waiting to see a solicitor on Wednesday. My partner is hoping to be able to charge half the renovation cost against him.

And how is the house owned? Joint tenants or tenants in common?

the ccj that have been secured on the house or consolidation HSBC Bank loans that have been secured, yes in his name and debts that he had before meeting me!

Joint tenants

Your ex co-owns the house and will be entitled to an equal share of the sale value minus the debts. Unless your new partner can demonstrate he had a contract with your ex to be repaid for his investment in the property, your ex doesn’t owe him money. You should have sorted all this out years ago, rather than claiming it hasn’t been convenient for you to remortgage or sell at any point in almost two decades.

If it's a ccj that's been made into a charging order then This can only be secured against his half of the house. I would ask the solicitor about this too.

what about not paying any mortgage for the past 9 years

Who pays the mortgage is irrelevant if you're not married and joint tenants. You are both entitled to 50% regardless.

how did he get the debs on the property without me knowing.

If a creditor has had a charge placed on the property because a debt hasn’t been paid, it doesn’t require permission. You’ll need a solicitor’s advice and go establish when it was placed and what’s required for it to be discharged.

I’d also make sure to protect yourself against your new partner, who appears to be trying to worm his way into claiming a share of your home by claiming he’s invested money in it.

Do you have evidence your ex agreed to that?

i have a message that says.

"let me be as clear as possible, i do not want anything from the sale of the house, i want to be off the mortgage asap, I am happy that Jason want to help you and i cant thing of anything better so you can sell the property and move in together and even get married"

i have also had to move in with my partner because i couldn't afford the mortgage any more, and my house was only two bedroom and i now have a 14 y/o boy and 10 y/o girl

Lots of people say lots of things during break ups. Unless you and Jason officially remortgaged in both your names and removed your ex, he is still legally entitled to his share of the equity. It’s clearly benefitted you to retain your ex in the mortgage and title for so many years - presumably because you weren’t in a financial position to either remortgage in your sole name or jointly with your new partner.

thats right i couldn't. and my partner has his own property, if i new about the debts i would have just gone bankrupt.

i hope the solicitor can come up with something more to help other wise i walk away with nothing and probable a break-up with my new partner of 6 years. Who thinks he has been taken for a ride and invest over 15k to make the property sellable.

Is a text message not a legal binding contract?

so if it was joint in common what would be the difference?

Not more legally binding than his name on the title as a joint tenant, no. Your new partner shouldn’t have invested his money in a property which didn’t belong to him without first ensuring he had a contract with either or both owners to be repaid.