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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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my partner and his ex brought a house part rent/part buy, he

Resolved Question:

my partner and his ex brought a house part rent/part buy, he paid all the deposit, she walked out after a couple of weeks and he has been paying all the mortgage/rent since. she lives with her new partner and rent a house for £600 per month but has now got herself in a load of debt. she has now turned up on my partners door step saying she want the house sold and want half the money. please could you tell us if will she be entitled to anything even though she hasnt been paying a thing? How would he go about taking her off the mortgage?

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 their share of the house worth and how much is outstanding on the mortgage?
How long have they been separated?
Clare
Customer: replied 2 years ago.
They own 45% it's worth about £60,000, there is about £40,000 outstanding. They have be seperated about 4 years.
Hope this helps
Expert:  Clare replied 2 years ago.
Hi
Sorry - just to check - their SHARE is worth £60,000?
Is the mortgage a repayment mortgage or interest only?
Clare
Customer: replied 2 years ago.
Yes their share is 60,000 Repayment
Expert:  Clare replied 2 years ago.
Hi
Excellent - how much has been paid off the capital since his ex left?
Clare
Customer: replied 2 years ago.
He has paid off 6,000 since she left.
Customer: replied 2 years ago.
There is £42,000 outstanding not £40,000
Expert:  Clare replied 2 years ago.
Hi
Excellent - thank you.
Has your partner spoken to the Mortgage Company about releasing his ex from the mortgage?
Clare
Customer: replied 2 years ago.
Yes he has they said he need to come to a agreement with her to take her name off.
Expert:  Clare replied 2 years ago.
Hi
But are they happy for him to continue with the mortgage in his sole name?
Clare
Customer: replied 2 years ago.
Yes they are fine with that
Expert:  Clare replied 2 years ago.
Hi
That is good news.
There is good news and bad news I am afraid.
The bad news is that I am afraid that despite the fact that she opted out early and made no payments his ex f does still have a claim on the equity.
The good news is that your partner can claim credit for the money that he has paid off the mortgage capital.
So if their share is worth £60,000 and there is still £42,000 outstanding on the mortgage then the equity is £18.000.
However £6,000 of that is discounted because your partner paid that off the capital - leaving £12,000.
Then you need to take into account how much it would cost to sell the property - say £3,000 - so her claim is 50% of £9.000 AT MOST
He shoudl offer to negotiate with her using Family mediation
www.familymediationhelpline.co.uk
to try and agree a figure - once that has been agreed then he can apply to the Mortgage Company for her to be released and deal with the paperwork
Please ask if you need further details
Clare
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