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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
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 my ex partner asking for 17k from from our house, which

Customer Question

I have my ex partner asking for 17k from from our house, which I now live in with my husband and two year old boy. My ex is still on the house deeds but has never paid towards mortgage for 7 years. My ex 5 months ago had a letter sent to us from his solicitor asking if we could remove his name with no money past to him. Me and my husband now got a mortgage offer and transfer for my ex to sign and has now come back demanding 17k or wants house on market and is not signing transfer. He has not paid a penny for 7 years and we did as he asked got a mortgage transfer so me and my husband can take house on. Can he force a sale? Are how do I stand on this? Jo
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?
Is it a repayment mortgage?
Clare
Customer: replied 2 years ago.
The house is worth now £230 and outstanding to pay is £182 it is only on interest only but I have been paying out my bank account for 6-7 years with no help from ex and he left the house 4k in dept which I have now paid.
Expert:  Clare replied 2 years ago.
Hi
What was the debt for - was it mortgage arrears?
How was the original deposit funded?
Clare
Customer: replied 2 years ago.
Yes he had taken out a 100 percent loan so no money was paid in when we took the mortgage out at that time. He had left it in errears and left me to sort it all out.
Expert:  Clare replied 2 years ago.
Hi
Can you raise further funds to pay him off?
Clare
Customer: replied 2 years ago.
No we can't the money that we have would go into the re mortgage with my husband if we took it on, as my ex had requested originally. I have been in my home now for 7 years and my ex only lived here for less then one year and left me with the house in 4k errears and then has not paid one penny towards mortgage for 6 years, can he really demand money ?
Jo
Expert:  Clare replied 2 years ago.
Hi
Have you done any work on the property that has enhanced it's value to more than it was?
Clare
Customer: replied 2 years ago.
No we have not done any work on property.
Expert:  Clare replied 2 years ago.
Hi
When you first heard from his solicitor was the offer a clear one that he would be happy for you to have the property if he was removed from the mortgage?
Clare
Customer: replied 2 years ago.
Yes it was clear we have letter clearly saying this from his solicitor.
Expert:  Clare replied 2 years ago.
Hi
So far as Property Law is concerned you have a problem.
As a joint owner of the property your ex is entitled to apply to the court for an Order for the sale of the property - and it will be granted.
The fact that you alone have paid for the mortgage is not relevant since you have had the benefit of living in the property and your ex has not
You can however claim credit for the £4,000 loan that you had to pay off.
You do however have an argument based on the fact that he offered to transfer the property to you so long as you obtained his release from the mortgage.
You can argue that you acted on that offer and that he must abide by it.
However I have to say that it is far from certain that the court would agree that this is reasonable - but it does goie you some leverage for negotiations
I hope that this is of assistance - please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33955
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you for your response. My ex solicitor has said before that if it goes to court we would pay for it, is this true that he can do this?
Expert:  Clare replied 2 years ago.
Hi
If you mean can your ex claim costs, the fact is that he can apply for costs - but given the letter and his change of minds that is unlikely
Clare

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