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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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Divorced five years ago, ex wife stayed in house, she has had

Resolved Question:

Divorced five years ago, ex wife stayed in house, she has had sole use of the house, including letting to tenants, no children, both full employed comparable salaries.
I haven't made any mortgage payments since leaving, joint mortgage, ex wife has made mortgage payments on interest only basis.
She now wants to sell the house, what would be my liability regarding reimbursing her for the mortgage element?
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.
Was any financial agreement made at the time of the divorce?
Are there any children involved?
Has she paid for any improvements to the property?
Clare
Customer: replied 3 years ago.
Hi Clare
She has made some improvements which I am happy to reimburse her for.
She put a financial proposal to me at the time of the separation that she would pay the mortgage she also changed the locks to the property.
There are no children involved.
Regards
Charles
Expert:  Clare replied 3 years ago.
Hi
In that case since it was an Interest only mortgage and she has not reduced the capital outstanding in anyway then "your" half of the payments that she has made are regarded as "occupational rent" since she had the benefit of living there - and the benefit of any rent received - and you did not.
This is likely to be the approach that a court would take.
Please ask if you need further details
Clare

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