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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34272
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 mortgage with my ex partner. She lives in the house

Resolved Question:

I have a mortgage with my ex partner. She lives in the house with my two children. A court order for when the children stay with us both. I want to be removed from the mortgage and gain my share of the profit in the house. My ex partner says she cant afford to buy me out and I must continue to pay my half of the mortgage. Where do I stand?
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 property worth and how much is outstanding on the mortgage?
Ho wold are the children and how do they share their time between you
Clare
Customer: replied 2 years ago.

Probably another 17 years left to pay. Property is worth probebly £120k.

Girls are 7 and 4. Court order sets out that I have them week 1 Wed after school until Fri drop at school and week 2 Fri after school until Mon drop at school. I also have 3 weeks in summer hols, 1 week at easter and 1 week at Xmas. Half term are then every other one they are with me.

Expert:  Clare replied 2 years ago.
Hi
is your ex living with someone else - and were you ever married to each other.
How much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.
Her new partner stays 5 nights per week at least. His home office is at the property. We were never married. Approx £80k to pay on mortgage.
Expert:  Clare replied 2 years ago.
Hi
Does the partner have a property elsewhere?
Clare
Customer: replied 2 years ago.
Yes he does. I believe he still has the home he shared with his wife.
Expert:  Clare replied 2 years ago.
Hi
For clarity = is that where he stays the other two nights a week?
Clare
Customer: replied 2 years ago.
Yes it is
Expert:  Clare replied 2 years ago.
Hi
You are under a legal duty to help house the children until they are 18
accordingly you cannot force a sale before then unless you can show that they are cohabiting
The fact that he has his office there is very good evidence of the co-habitation despite the two nights he spends elsewhere, but that does not mean that it will be easy
Your starting point i sto try and discuss matters with your ex using Family Mediation
www.familymediationhelpline.co.uk
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 2 years ago.

Why is the expectation that i have to pay for their mothers home and also my home!? I pay monthly for the children, pay half the mortgage and pay to rent a house. How, in the eyes of the law, am i supposed to provide a future for myself, my children and a new relationship if i am still paying for my past for another 13 years!?

My ex doesn't even communicate with me, so mediation would be a waste of time.

What will happen if i refuse to pay the mortgage?

Expert:  Clare replied 2 years ago.
Hi
You do not need to pay half the mortgage as well as child maintenance - my apologies I should have made that plain.
You remain liable so far as the mortgage company is concerned - but your ex cannot force you to pay your half.
I suggest that you write to her and say that form now on you will only pay the Child Maintenance
Clare
Customer: replied 2 years ago.

If she doesn't pay the mortgage then I may then have a bad credit reference. Can the mortgage company take me to court for non payment?

What reason should i provide in the letter for not paying? Could my ex then use this in court?

If i stop paying the mortgage, do i lose my 50% share of profits from the house if its sold?

Expert:  Clare replied 2 years ago.
Hi
You remain liable so far as the Mortgage company is concerned and if your ex defaults it will impact your credit rating
The letter should be polite and point out that since she has the benefit of living in the property and you do not then it is for her to pay the mortgage in fill as a form of "occupation rent" for your part of the property.
You will retain your interest in the property
Clare
Customer: replied 2 years ago.

do i have a legal right to know who lives there and if it is being used for business use? By law should i also be provided with a set of keys, as the locks have been changed?

How do i get round coming off the mortgage after this stage?

Do i inform the mortgage company?

Expert:  Clare replied 2 years ago.
Hi
You do not need to in from the mortgage company.
If you wish to force the issue then you will need to show that your ex is co-habiting
You have no legal right to know who stays there or what your ex does there.
You are technically entitled to a key but enforcing this could be used as evidence of harassment by you
Clare