How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

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: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Hi
Does the partner have a property elsewhere?
Clare
Customer: replied 1 year ago.
Yes he does. I believe he still has the home he shared with his wife.
Expert:  Clare replied 1 year ago.
Hi
For clarity = is that where he stays the other two nights a week?
Clare
Customer: replied 1 year ago.
Yes it is
Expert:  Clare replied 1 year 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, Family Solicitor
Category: Family Law
Satisfied Customers: 33952
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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    164
    UK solicitor
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.co.uk/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.co.uk/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Family Solicitor

    Satisfied Customers:

    4742
    I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
  • http://ww2.justanswer.co.uk/uploads/HH/hhlaw/2015-12-8_22495_unnamedlanczosbicubic.64x64.jpg Harris's Avatar

    Harris

    Family Law Expert

    Satisfied Customers:

    1351
    Family Law - Specialist in Divorce, Financial Relief and Children Matters