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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33310
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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My partner and I split up 18 months ago, he left me to continue

Customer Question

My partner and I split up 18 months ago, he left me to continue paying the mortgage and joint loan secured against the house.
He has never paid a penny towards the loan, although he said he would pay half. He used to pay the mortgage, but I took over paying that about 8 years ago as he was defaulting and not paying it. He has had financial issues, but when he left his mother paid off his credit cards, about £20k.
When he left he said all he wanted was his stuff, I could keep the house, which has about £30k in equity.
I have been to my bank to remortgage the house in my sole name and need him to see a solicitor and get paperwork signed. I've offered to pay the solicitors fee for the signature, but made it clear I'm not paying for him to see a solicitor.
This was about 2 months ago, but he keeps telling me his solicitor isn't available and he's looking to obtain half of the equity, I've told him he needs to pay me half of the loan he's never paid. Upto now since he's left I've paid £1100 per month. I want to move on and have monetary ties with him, apart from the two children. He pays me £204 every four weeks for both children and in the past asked for an itemised bill to account for what I spend the £26 per week on each child, which I found an insult as he's aware how much clothes and shoes cost let alone food.
I've received several phone calls asking for him, explaining he ows money. He pays for our daughters phone bill, but it's constantly getting cut off due to none payment.

Our daughter is a witness to my ex saying I could have the house, I believe he is now wanting money as he's run up debts again.

What do I need to do to force him to sign the house over to me, I believe he actually ows me more, but I just want to move on.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 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 are the children?
What was the loan used for?
Clare
Customer: replied 2 years ago.
One aged 10, the other 17. The loan was used to pay off mainly his credit card debts.
Thanks
Expert:  Clare replied 2 years ago.
Hi
How much is outstanding on the loan?
How much have you paid off it since the separation?
Clare
Customer: replied 2 years ago.
The loan has £25k outstanding and the mortgage £78k the house is worth £130k
I've paid £18k since he has left.
Expert:  Clare replied 2 years ago.
Hi
Is that off the loan alone?
Clare
Customer: replied 2 years ago.
No that's off both the mortgage and the loan.
Expert:  Clare replied 2 years ago.
Hi
How much has been paid off the loan alone?
Clare
Customer: replied 2 years ago.
£50k
Expert:  Clare replied 2 years ago.
Hi
Could you check that for me?
Clare
Customer: replied 2 years ago.
The initial loan was for £40k over 10 years, total to pay back £70k. The redemption amount is £25k. I've paid £647 each month with no contribution from my ex.
Expert:  Clare replied 2 years ago.
Hi
Thanks for that!
can you prove it was used to pay his debts?
Clare
Customer: replied 2 years ago.
No, I have no record of what the money was used for.
Expert:  Clare replied 2 years ago.
Hi
How was the original purchase funded?
Clare
Customer: replied 2 years ago.
95% mortgage, using joint savings.
Expert:  Clare replied 2 years ago.
Hi
I am afraid that what he said is not enforceable - and he is entitled to have changed his mind.
However you can claim credit for the loan payments that you have made.
Indeed you could claim credit for all the loan since it was used for his debts
This is an area you need to negotiate with him using Family mediation - if that fails then it is a matter of making an application to the courts under the Trusts of Land and Appointment of Trustees Act for the court to decide.
Please ask if you need further details
Clare

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