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Stuart J
Stuart J, Solicitor
Category: Family Law
Satisfied Customers: 22401
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My ex wife left me 4 years ago and the house and mortgage are

Customer Question

My ex wife left me 4 years ago and the house and mortgage are still in joint names. I have paid all the mortgage for the last 4 years can I claim 1/2 this money back from my ex wife as we are now trying to get the house sorted?
Submitted: 3 years ago.
Category: Family Law
Expert:  Stuart J replied 3 years ago.
Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Is the property to be sold?
Customer: replied 3 years ago.


No the property has not been sold. My ex wife left 4 years ago leaving me with a 13 year old daughter. I have live in the house and paid the joint mortgage ever since then.

Expert:  Stuart J replied 3 years ago.

Do you mean claim half the mortgage payments for 4 years?

What is she after and what do you want?

Customer: replied 3 years ago.


Yes half the mortage payments for the 4 years.


 


She wants half the house but the mortgage has to be settled and all the outstanding debts and then it is half. But she saying that since she left home she does not have to pay anything to the mortgage. Is this correct?


 

Customer: replied 3 years ago.

 


Yes half the mortage payments for the 4 years.


 


She wants half the house but the mortgage has to be settled and all the outstanding debts and then it is half. But she saying that since she left home she does not have to pay anything to the mortgage. Is this correct?

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage.
Where will you and your daughter live and has your ex paid child maintenance to you whilst she has been absent?
Claire
Customer: replied 3 years ago.


The house is worth 285000.00 and the mortgage is 134000.00 plus a debt in joint names 63000.00. We will not have any where else to live and yes she has paid csa money of 18.00 per week.


 


David


 


PS will have to go out now put be back after 7pm tonight

Expert:  Stuart J replied 3 years ago.




No problem. The
general rule is that a person does not have to pay the mortgage or the bills of
a house that they do not living but they remain liable to a mortgage lender the
person living there does not pay the mortgage. That is assuming of course that
the mortgage is in joint names.

You pay the
mortgage for the benefit of living in the property whereas she has to pay rent
somewhere else and therefore one, is deemed to cancel out the other one.



Unless a sale of
the house (you have equity of £150,000 or so although I do not know what the
joint debt of £63,000 is for) would release enough money to provide a home for
you and your daughter until she is 18 and give your wife some, the chances are
that she would not be able to force a sale until your daughter is 18.



At that stage,
the house will be split between 50-50 and 60-40 in your favour.



If she wants
paying out now, then you are in the driving seat and you may be able to get
away with paying her a smaller amount now for a clean break if she does not
want to wait another five years until your daughter is 18.



That comes down
to negotiation between the two of you.



Does that answer
the question.? Can I assist any further?



I am happy to
follow up any individual point you make



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