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Ex didn't pay mortgage for 2 years. Is she entitled to half the equity?

7 replies

Ebb · 01/03/2008 19:15

My boyfriend split with his ex nearly 2 years ago. They had recently bought their first house but she only lived in it for 3 months before the relationship ended. She had a small amount of money in the house but agreed to leave it there until they were due to remortgage as she would have lost it all in the fines for changing the mortgage early. She moved out and hasn't paid a penny to the mortgage or the upkeep of the house. The house is now up for remortgage and my boyfriend offered her a very reasonable amount considering how little she initially had in and due to the fact she hadn't paid anything else into it. She accepted this until she discovered I was moving in and planning to go on the deeds. I can understand she is resentful as she must feel I now have her life but now she is refusing to sign the deeds and consulting a solicitor to get more money. We can't afford to ;pay her anymore as I am pregnant and will be on SMP for 9months so my boyfriend has to be able to pay all the bills himself. If it ends up going to court is she entiltled to half the equity? If it does go to court my boyfriend will insist she starts paying half the mortgage which she won't be able to so the house could end up getting sold at auction and then surely she won't get half what he's offering? Can't seem to find anything on line about who's entiltled to what. I just want all this sorted so I can have a home for my baby!!! Thanks to anyone who can offer any advice.

OP posts:
willdaisymummy · 01/03/2008 21:19

Hi

I can't be much help I'm afraid but I'd try your local Citizens Advice or go to a solicitor.
Is her name on the mortgage or deeds?

Ebb · 01/03/2008 21:25

Yes which is the problem. My BF isn't trying to pull one over on her and was hoping this could all be sorted amicably. However you know what they say - a woman scorned etc!

OP posts:
willdaisymummy · 01/03/2008 21:39

She might well calm down and agree to what was initially offered. In the mean time I'd go for a chat with someone who knows what they're talking about.
I'd take all bank statements for the past few years to show she has paid no money into his acc to fund the mortgage. Is she on the electoral register there or where she lives now? If it's elsewhere then get a mention that too to show she hasn't resided there.
I know this isn't real proof but it's all I can think of
Sorry and good luck

jellyjelly · 02/03/2008 20:28

Do you know if he got a valuation from when she moved out or how much other houses were going for in the area.

There is a site which will tell you what house went for so you could check how much other neighbours house went for?

If you want the address let me know, will have to root around.

Toothache · 02/03/2008 20:36

My H and I split up 4months after moving into this house. That was nearly 2 years ago now.

He is entitled to half the equity at date of separation.... HOWEVER had his name been on the mortgage he would be entitled to half the equity when we divorce despite paying nothing towards it.

If it goes to court though, they usually take that into account and perhaps split it 70/30 or something like that.

Fizzylemonade · 03/03/2008 18:54

Where did the ex move to? Parents/rented accommodation??? Is she is on electrol register at another address? Did your BF claim single person discount for Council Tax when she left? Did he remove her name from the utility bills?

I would get as much info on that as possible and then go to CAB or much better a solicitor.

lilyloo · 04/03/2008 12:59

EBB my dp may be able to give you some advice here

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