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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34589
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 have a tenants in common with an ex partner. I lived with

Resolved Question:

I have a tenants in common with an ex partner. I lived with him for 9 years out of the 15 years of the mortgage, during which time I was the major wage earner. When the relationship broke down I continued to pay my half of the mortgage including half of the shortfall from the endowment policy. Since leaving, some 17 years ago I have never had any payments from my ex partner but he is now suggesting that he has the rights to more of the value because he has made some home improvements to the one bedroom flat in Southsea. Is this correct?
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.
How much is the house worth and how much is outstanding on the mortgage?
has your ex always lived in the property
What improvements does he claim to have been made?
Clare
Customer: replied 3 years ago.

The mortgage was paid up some 11 years ago and the property is worth about £110000-£120000. I paid my half for the7 years of motgage payment when i did not live there.

The improvements include a refurbished bathroom, new fireplace, new builtin cupboards to the bedroom and block paving to the back yard which is only large enough to park a car on.

my ex as always lived in the property but i have no income from my half of the investment and I even paid for the tranference from joint tenants to tenants in common.

Expert:  Clare replied 3 years ago.
Hi
May I ask why you have never forced the sale of the property?
Clare
Customer: replied 3 years ago.

He is an intimidating person to deal with and my solicitor, who set up the deed of Tenants in common, didn't think we had much hope in trying to force a sale.

I am not a vindictive person and at the time I could afford to pay for 2 motgages and looked upon my HALF share as an investment for me and my 2 children. They did not live with me in the flat and are now 40 and 38 years old. What I am so concerned about is the possibility of him doing me out of what I consider to be my fair share. He has already tried to suggest that I give him my half share as at 76 only he had to show for his life was a half share in a flat and I have my own home ( value 180000).

Hope this fills in a bit more of the picture. The deed of Severence doeas give him the right to remain in the flat until he is deceased or unable to care for himself or he moves out. I can not have been fairer , in my opinion. But what about the courts, he has legal help and again I am concerned as to what theymay be cooking up.

Margaret

Expert:  Clare replied 3 years ago.
Hi
Please do not worry
You were very generous in continuing to pay the mortgage - you could have refused to do so on the basis that he shoudl have been paying a form of "occupational rent" for his use of your half of the property.
Since you did pay the mortgage this more than compensates for whatever "extra" value his work has created.
I hope that this is of assistance - please ask if you need further details
Clare
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