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Spilt after 15yrs-House in my name.......CAN xDP force me to sell/release Equity??

7 replies

whooosh · 24/03/2009 15:07

So,together for 15 yrs,I paid the deposit on the house (in my name)we then jointly paid a mortgage for several years.Then my Mother died and I used the proceeds to pay off mortgage.
In total I have probably put in about half (or just over) the current value of the house.

We have now split and she is demanding a share of the equity.I do not want to move DD(4yrs) as she is traumatised enough.

She is of course owed something,despite the way she ended it all but I a not in a position to take out a mortgage and don't have bundles of cash lying around to pay her off.

Any ideas/advice?

Oh and we were not in a civil partnership but she does have full parental responsibility for DD (issued by court).

OP posts:
OldLadyKnowsNothing · 24/03/2009 15:18

I'm assuming you're DD's mum? If the house is in your name, and your exP paid towards the mortgage, I've seen cases where her payments have been construed as "rent" rather than giving her any equity rights. (She'd have had to pay housing costs elsewhere if not living with you)

I think you'd best see a solicitor, but afaik she has no rights to make you sell or release equity while the house is still DD's home, if indeed she has any rights at all.

Pennies · 24/03/2009 19:32

@ Whooosh, then goes bump.

Am off to watch Shrek.

babybarrister · 24/03/2009 20:38

This reply has been deleted

Message withdrawn at poster's request.

whooosh · 25/03/2009 08:20

Thanks for this advice.Someone else did mention the "rent" aspect so will look into that.

I want to be fair (although given current circumstances she doesn't deserve fair treatment) but not to the detriment of our home and DD's happiness.

OP posts:
geordieminx · 25/03/2009 08:26

Sorry - no real advice, but just a nosey question from someone with two mums - will your ex-p have to pay maintainace for your dd?

whooosh · 25/03/2009 10:49

In theory Geordieminx,yes.We went to court to have full parental responsibility awarded to xDP,therefore she has the same rights and therefore responsibilities over DD.

OP posts:
geordieminx · 25/03/2009 11:39

I know you are wanting to keep things amicable, and it is much better that way but I think that the onus (sp) would be on ex-p to prove that she had contributed financially to the house, as in the eyes of the law it is yours? Not sure though? It would be nice to keep things fair, but you should also be aware that you probably hold all of the aces so to speak should things tun nasty (well nastier than her binning you over the phone).

She definately cant make you sell - isnt it the case in hetro marriages that the if the mother isnt working the father is responsible for the mortagage so long as the children are under 18? Obviously no mortgage in your case but as others have said your daughter is entitled to stay in the home until she leaves eductation.

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