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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33325
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 ex partner and I bought a house together 18 months ago.

Customer Question

My ex partner and I bought a house together 18 months ago. I am also the sole owner of a house which I moved into when the relationship broke down, I did continue to pay my half of the joint mortgage. I was forced to moved back in to the joint house as he defaulted on his half of the mortgage which I forced me to pay all the mortgage, I have managed this by letting the house I solely own out and moving back into the jointly owned house, my ex partner moved out and has not contributed to the mortgage for 4 months now. He has told me that as long as I am living here he does not have to pay anything towards the mortgage and he can force me to sell unless I pay him £20k. I have offered him £15k considering the amount of work which requires undertaking on the house. Is it true that he doesn't have to lay towards the mortgage because I'm living in the property, can he force me to sell and do I have to give him the amount he's asking for ?
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 much is the house worth and how much is outstanding on the mortgage?
Are there any children involved?
Clare
Customer: replied 2 years ago.
The purchase price of the house was £230k and the outstanding mortgage is £190k. The house hasn't a been valued since but my ex- partner thinks it's worth around £250k. He began external works which haven't been completed and require around £10k to finish. There are no children involved.
Expert:  Clare replied 2 years ago.
Hi
Have you had a valuation done at all?
Clare
Customer: replied 2 years ago.
No but it is probably around £250k
Expert:  Clare replied 2 years ago.
Hi
How much did you pay during the months that you were not living in the property - and what arrears did your ex allow to accrue?
Clare
Customer: replied 2 years ago.
My apologies for the delay in responding. In January I transferred my half of the mortgage which is around £550 into the joint account which then went to pay my ex partners unpaid direct debits . My ex partner then Said he couldn't afford to pay the mortgage so I solely paid the mortgage from February. It took him 4 months to pay the £550 arrears which has now shown as a default on my credit rating as this is a joint mortgage., this means I can't remortgage to buy him out until my rating has improved.
Expert:  Clare replied 2 years ago.
Hi
Sorry - when did you move back into the property?
Clare
Customer: replied 2 years ago.
I moved back in February and he moved out in May. He hasn't contributed anything to the mortgage since January.
Expert:  Clare replied 2 years ago.
Hi
Just for clarity is the valuation that you are giving before or after the outstanding works are completed
Clare
Customer: replied 2 years ago.
Before the outstanding works are completed.
Expert:  Clare replied 2 years ago.
Hi
Last question - is it a repayment mortgage - if so how much of the monthly payment is capital repayment (it is likely to be very small)
Clare
Customer: replied 2 years ago.
Yes it is repayment and I'm not sure how much is capital.
Expert:  Clare replied 2 years ago.
Hi
The mortgage has only running a very short while - so very little is capital.
On reviewing the question to give the full answer I noticed that I failed to ask how the balance of the purchase price was funded - where did the deposit come from?
My apologies for the oversight
Clare
Customer: replied 2 years ago.

We funded half each, my half was raised from remortgaging my house.

Expert:  Clare replied 2 years ago.
Hi
Thank you
I am afraid that whilst your ex remains liable to the Mortgage Company even though he is not living there the situation between you and him is that if he is not living there and you are then no he is not expected to contribute to the mortgage since he has housing costs elsewhere
In addition he is entitled to half of the current equity - so if the house could be sold tomorrow for £250,000 (without the work being done) then allowing for the mortgage and potential costs of sale the equity is £55,000 or so - and he is entitled to half.
If you cannot reach an agreement and but him out then yes I am afraid that he can apply to the court for an order for the sale of the property and that application will be granted
i am sorry to give you such bad news - please ask if you need further details
Clare

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