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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33324
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 recently been contacted by my ex partner, she is

Customer Question

Hi, I have recently been contacted by my ex partner, she is stating that she is entitled to half of the equity in the house, basically we lived together on a joint mortgage for 4 years, she then left but her name was still on the mortgage, now 4 years later when we have got around to sorting it out, she's asking for money, I paid the deposit, and the mortgage all of the time, she did contribute for I think 2 years, then wanted to start her own company which I supported by paying the full mortgage, then went onto university which I also supported, then upon her leaving I had paid her credit card off and the house was only worth what was owed, so she was happy to walk away with no debt & a car, I was left with her credit card bill and a house unfinished that wasn't worth anything other then the mortgaged amount, in the last 4 years since she left I have paid to almost finish the house and 100% of all bills, now there is maybe 15000 equity in it, I'm sure I'll get humped here but I was just wondering if I had any options, FYI I have been supporting my new partner and her 2 children in this house for the last year, so I have dependants if that changes anything, best regards Marc
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.
Was there ever any discussion about how the equity would be shared between you when you purchased the property?
How much have you spent on the work that was needed?
How much is the property worth and how much is outstanding on the mortgage?
Clare

Customer: replied 2 years ago.

As far as im aware there never was any discussion about equity split, apart from the one when she left saying ill keep the house and she took what ever she wanted and had no debts, probably spent 7000 since she left, the house is estimated at between 140000 and 150000 depending on which website you look on, I now owe 130000

Expert:  Clare replied 2 years ago.
Hi
How much was the deposit?
Clare
Customer: replied 2 years ago.

6000 I think

Expert:  Clare replied 2 years ago.
HI
Just for clarity - you paid the deposit of £6,000 and you have also spent £7,000 on work to the property which has contributed to the current value is that correct?
Clare
Customer: replied 2 years ago.

Yes that would be correct

Expert:  Clare replied 2 years ago.
Hi
Are you now able to get her released from the mortgage?
Clare
Customer: replied 2 years ago.

Yes I believe so

Expert:  Clare replied 2 years ago.
Hi
As things stand legally your ex does indeed own half of the equity.
However you can change that through the courts if need be.
If your ex will not agree to being released from the mortgage and transferring the property to you then you will have to apply to the courts using the Trusts of Land and Appointment of Trustees Act for a declaration that the equity in the property belongs to you on the basis of the deposit you paid; and that work you did on the property was done on the basis that you alone would benefit from the increase in value.
You should try and discuss matters with your ex using Family mediation (www.familymediationhelpline.co.uk)
You can read more here
http://www.slatergordon.co.uk/media/2347003/land-disputes-a-guide-to-procedure.pdf
I hope that this is of assistance - please ask if you need further details
Clare

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