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Emma T | I have a morgage with an ex partner who only lived in the propoerty 2 months will he get half of the profit? |
I have been paying the morgage alone for just over 5 years in which he has not contributed anything, I have been to see a solicitor who says if it goes to court this may get split 50/50!
Additional Details
I have a child with my ex partner who is now 6, i don't really want to get rid of the house as its now become my home but also want to get this rectified before my daughter becomes the ge of 18 as the profit will obviously have risen by then and can't have him trying to pull all the strings with this in the mean time! |
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easinclair
 |
Do you have children? If you do you can keep your house until they have all turned 18... But eventually he's going to get his half... Hit him up for some big child support and consider.
If you are single and the property is in both of your names your screwed!
Ok you have a 6 year old with him, if you are living well without support from him, ask him to quit claim the house to you in lieu or child support.... |
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Valiant
 |
50/50 is a worst case scenario, he says he may get that. They say that so you can't sue them if he gets 10% value and the solicitor advised he would get nothing.
You need to get proof that you have paid EVERYTHING for the past however long. If he can prove that he has paid anything towards the upkeep of the property then he is entitled to a share.
You need bank statements (sole name), council tax statements (I presume he was removed from these), utility bills (which I presume are in your name). If you can prove all this then he may get some share, but not 50/50.
How much did he contribute to the deposit? He will be entitled to his share of this plus the equity growth.
Also, if you brought the house as joint tenants, then a percentage split will have been declared. If this was 50/50, he has got to have this. If you are tenants in common, he may not be entitled to anything.
Open up negotiations with your ex and offer him a trifle share of the property value. This will be cheaper than solicitors and may save you a lot of time and effort. Bull sh*t him and tell him that your solicitor has said that this is all you are entitled to. Once he accepts an offer, get him to sign to agree it.
You are going to incur legal costs any way as the deeds and mortgage will need to be transferred to your sole name.
Best of luck. |
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RRM
 |
I would tend to agree with the Solicitor, you really should have dealt with this when you split.
Anyway you want to avoid Court, if it goes to final hearing you're looking at around £5k just for that day, plus all your costs leading up to that.
can't you negotiate with your ex, not via a Solicitor?
Lesson learned? |
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muttsnutts
 |
My advice is under no circumstances involve the child in any way, blackmailing your ex or otherwise. This could seriously backfire on you. When my ex left me and the children she tried various forms of blackmail with our kids. Once they grew up a little and understood what was happening they gave her major grief. Look beyond your current anger and difficulty, your child ideally needs two supportive parents living together or not. Try a mediation service, many solicitors have a family dispute resolution service. Avoid court action if at all possible and start on the premis of 50/50 anything you get over that is a bonus! |
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kimmyb
 |
Check the deed to see if his name is on it. If he's not then he's not an owner of the property. Make sure you have all your back documentation ready (cancelled checks, etc...) |
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Fox Hunter
|
most likey if his name is down on the deeds, You can deduct the cost of the mort payments from the profit though!! |
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jacky
 |
It depens on the deed, if it says that he owns 50% of the house, you have a problem. You paid for the mortgage, but it will not count. You should talk to a Real Estate Attorney he will clarify your doubts. Before you start a dispute, you can consider talking to the guy and NEGOTIATE in a friendly way. |
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CHRIS S
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If the property is in joint names he will be entitled to have the money from the sale |
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Cath E
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I was in a similar situation. Its a hard one, but he would have to be a real pig to do that to you considering you have kept a safe and secure home going for your (and his) child. I would put it to him that his child may not think to highly of him a few years down the line if he was to take that security away. I really hope you work a way through it. Good Luck. |
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GOLDILOCKS
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Yes ,he is on the deeds unless he relinquishes his half voluntarily.
He will get half on point of sale ! |
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shoby_shoby2003
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If his name is on the contract, then he will get 50%. |
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D L
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Hmmmm....I wonder if the situation were reversed how much the women would get......whatever the answer is in that situation, let's apply it to this situation......just to be fair of course |
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