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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2732
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have received a citation from my ex partner regarsd a Division

Resolved Question:

I have received a citation from my ex partner regarsd a Division and sale of our home which in which i no longer reside.
i agreed to move out on the provision that my ex continued to pay the mortgage on her own whilst i rented.
Now she is seeking 50% of the mortgage payments , which is an interest only Mortgage, from thae date i moved out is this correct?
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thank you for your question. I am a qualified family law solicitor.
Just a bit more information required. Are you married, or were you married to her?
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Customer: replied 1 year ago.
No was engaged but never married
Expert:  Harris replied 1 year ago.
Thanks, ***** ***** name is ***** ***** and property?
Customer: replied 1 year ago.
its in both our names
Expert:  Harris replied 1 year ago.
As the mortgage is in both of you names, legally you are both jointly liable to pay the mortgage. If there is a formal separation agreement signed between both of you to confirm your arrangements then this will assist you in refusing to pay for it. It will also be difficult for her to argue that you should have paid the mortgage for the term without a separation agreement confirming such an arrangement.
I would suggest that you consider negotiating a sale of the property or for the mortgage and property to be transferred to her subject to her buying you out.
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Customer: replied 1 year ago.
Many thanks this is very helpful :-)

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