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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I own a property jointly with my ex girlfriend. Although she

Resolved Question:

I own a property jointly with my ex girlfriend. Although she is on the deeds, she has never contributed to mortgage payments in the last 10 years (even when we were together up until 6 years ago). The property is valued at £45,000, but I still owe £110,000 on the mortgage. Neither of us live at the property, but I rent it out. I'd love to sell it, but obviously can't. Is there any way I can pursue my ex for her mortgage contributions that she should've made? Thanks.
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.
Could you confirm the actual value?
Does the rent cover the mortgage?
What assets does your ex have?
Clare
Customer: replied 3 years ago.
Hi,
The current value of the property is £45,000. Mortgage is £415 per month, rental income is £400 per month, so there's a shortfall. I also pay the council tax of £60 per month on the property, as well as Landlord's insurance at £25 per month.
I'm not sure what assets she has, only that she has been enjoying foreign holidays and has recently started a family.
Rob.
Expert:  Clare replied 3 years ago.
Hi
What was the short fall between rent and expenses on the property last year?
Clare
Customer: replied 3 years ago.
Monthly mortgage payments were £435, and rental income was £405 (this is after 10% management fee to a letting agent - same applies now).
Expert:  Clare replied 3 years ago.
Hi
So what was the actual loss - remember to factor in repairs
Clare
Customer: replied 3 years ago.
I've had numerous costs - redecorating, boiler servicing, energy certificate, new carpets, etc. Total cost approximately £1000.
Can I legally claim half the mortgage payments which she hasn't made in the past 10 years...that is the question?
Expert:  Clare replied 3 years ago.
Hi
You can only claim in respect of half the mortgage payments for the years that you have BOTH been out of the property - and you have to give credit for the rent that has been received.
So at present she would have to pay you £7.50 a month - which is why you need to work out what the ACTUAL costs have been since the rental began and claim half of those
You can use the money claim online service for this
You cannot claim for the time you were both in the property - or the time you were in the property alone
The former because is appears you agreed to it and the later because you had the benefit of living there
Please ask if you need further details
Clare
Customer: replied 3 years ago.
Neither I, nor my ex have lived in the property since October 2008. Furthermore, I had no tenant at all for the few years following my vacation of the property. I assume I can therefore claim for half the full mortgage payments when the property was empty?
Expert:  Clare replied 3 years ago.
Hi
In that case yes indeed you can.
To avoid any risk have a spread sheet prepared for each year showing income and expenditure
Clare
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