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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 have seperated from my partner and we have a house together.

Customer Question

I have seperated from my partner and we have a house together.
My ex wants to take on the mortgage on his own. I am happy to come of the mortgage and we have agreed he will repay everything I have paid into the mortgage. Once he has paid back the money I will sign to come off the mortgage.
However while he saves the money to pay me back he has asked that I stop paying my half of the mortgage so he can pay it in full and not increase the overall amount that he owes me.
If I stop paying my half of the mortgage to let him pay do I give up my right to the house?? Are there any implications of doing this.
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?
Clare
Customer: replied 2 years ago.

Hi Clare

the property is worth £170,000.

Remaining on the mortage is £115,028.52

Rachel

Expert:  Clare replied 2 years ago.
Hi
Who paid the deposit and how much has he offered you in settlement?
Clare
Customer: replied 2 years ago.

We payed the deposit between us although the full amount came from my account.

He has offered to pay back what I have payed into the house

Rachel

Expert:  Clare replied 2 years ago.
Hi
how much is that - you may in fact be entitled to more
Clare
Customer: replied 2 years ago.

approx. £ 12,000

Expert:  Clare replied 2 years ago.
Hi
You are entitled to half of the equity - £25,000 at least
However the answer to your actual question is that not paying the mortgage does not affect your interest in the property this given that you are not living there.
I hope that this is of assistance please ask if you need further details
Clare

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