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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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me and an ex-boyfriend have a joint mortgage on a property

Resolved Question:

me and an ex-boyfriend have a joint mortgage on a property that neither of us live in, the term of the mortgage is now complete and paid in full. I haven't contributed to the mortgage for 21 years but have brought our son up without support all that time. now that the mortgage is paid up, he wants me to sign the house over to him.
what entitlement do I have, if any on the house?
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 were the mortgage payments funded?
Clare
Customer: replied 2 years ago.

Im not sure of the value, somewhere in the reigion of 80,000.

the mortgage was a 100% mortgage, it was taken out in 1990. I paid the solicitors fees, the stamp duty and the estate agents. then we made payments ourselves until our son was born and peter was made redundant, aprox. 1992. the mortgage was then paid by D.W.P. until me and our son moved out in 1995. since then peter nor I have lived in the property.

peter has rented the property a couple of times for cash.

he has since made mortgage payments and the house now stands empty.

Expert:  Clare replied 2 years ago.
Hi
If the house is held in joint names then as things stand you are entitled to half of the equity.
Your ex would no doubt argue that he should have a larger share to reflect the fact that he has paid the mortgage, but you can argue that he has had the rental from the property - and that you assumed that he was using what he should have paid in child maintenance to fund the mortgage
You can try and negotiate with your ex using Family mediation
www.familymediationhelpline.co.uk
but only agree if he offers you in excess of 30%.
You can if you wish force the sale of the property immediately
Please ask if you need further details
Clare
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