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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34274
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi I have a joint mortgage for nearly 10 years and I wanted

Resolved Question:

Hi I have a joint mortgage for nearly 10 years and I wanted to know if my ex girlfriend is entitled to anything. She has never paid any of the mortgage or the insurance for it. It has always come out of my bank and I can prove it and we have a child together who is living with me as my ex girlfriend is living at friends houses. Does she have to give me half of what I have paid before she is entitled to half the house? any help would be much appreciated thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old is the child and will the child remain with you
How much is the house worth and how much is outstanding on the mortgage?
Did she contribute to any alterations or improvements to the property at all
Clare
Customer: replied 3 years ago.
Hi Clare our daughter is 11 when my ex gets a house we will be having her equaly each week. she did buy a few kitchen bits when we redone the kitchen ie worktops sink few door handles nothing much every other bits that have been done to the house have been paid for by me. We owe about £52,000 on the mortgage and they sell for around £70,000 to £75,000 in this area hope this helps.
Expert:  Clare replied 3 years ago.
Hi
How much did she spend on worktops etc?
Clare
Customer: replied 3 years ago.

about £1000.


 

Expert:  Clare replied 3 years ago.
Hi
Will your child stay with you permanently and why was the property purchased in your sole name?
Clare
Customer: replied 3 years ago.

Once my ex gets a house our child will be staying with both of us but her address will be with me and the property is in both our names but like I said my ex has never paid a payment towards the mortgage I have paid it since day 1.

Expert:  Clare replied 3 years ago.
HI
My apologies
Who paid the deposit on the property?
Clare
Customer: replied 3 years ago.

I did like I said I have paid everything since day 1 Solicitor fees deposit estate agent fees you name it I paid it.

Expert:  Clare replied 3 years ago.
Hi]
Did you protect your interest in the property with a Declaration Of Trust?
Clare
Customer: replied 3 years ago.

not sure of what that is but I dont think so Clare.


 

Expert:  Clare replied 3 years ago.
Hi David
Are you intending to sell the property immediately?
Clare
Customer: replied 3 years ago.

no I dont want to sell the property its just my ex is wanting money of me that she thinks she is due but as I have always paid for everything I just wanted to know if she is entitled to anything by law Clare

Expert:  Clare replied 3 years ago.
Hi
I am sorry but the news is bad
Your ex is a joint owner of the property and as such is entitled to 50% of the equity AND to be released from the mortgage
Whilst you could try and argue the matter through the courts and claim that you should have a larger share due to your contribution your chances of success are limited and the costs will almost certainly outweigh any benefit you gain
The fact that the mortgage was paid form your account will not make a difference - she will simply argue that her monies were used for other matters
You can certainly try and negotiate with your ex using Family mediation (www.familymediationhelpline.co.uk) to see how little she will accept in exchange for a swift settlement
Please ask if you need further details
Clare
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