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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1774
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Myself and my husband of 3 years live in his house owned by

Resolved Question:

Myself and my husband of 3 years live in his house owned by him and his ex. She hasn't paid the mortgage for 5 years can she make us sell? Or would she be entitled to any money if we sold? We can prove she's paid nothing for 5 years.
Submitted: 7 months ago.
Category: Family Law
Customer: replied 7 months ago.
We have a 4 year old together we have always paid the mortgage between the 2 of us.
Expert:  Harris replied 7 months ago.
Hi, thank you for your question. Please confirm if you are in England or Wales?
Customer: replied 7 months ago.
England
Customer: replied 7 months ago.
The reason the house was not sold/brought out at the time was because the property was in negative equity
Expert:  Harris replied 7 months ago.
Thanks for confirming. As the property is owned jointly between them she is legally entitled to the proceeds of sale in proportion to what her share in the property is on the title. So if it is held as joint tenants, then it will be 50-50 and she will be entitled to 50% of the proceeds of sale. This can only be challenged if there is a deed of trust setting out that she is entitled to less proceeds due to non-payment of mortgage, or if there is a formal agreement between them.Furthermore, she cannot sell the property without his consent or if she pursues an application to court to force a sale.If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 1774
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 7 months ago.
So just to clarify even though she hasn't paid the mortgage for 5 years (they have only owned the house for 9 in total ) which we can prove via bank statements she would still be entitled to Half the sale? Although she couldn't force us to sell?
Customer: replied 7 months ago.
Can I also assume if she is entitled to 50% she will also have to pay 50% of the costs?
Expert:  Harris replied 7 months ago.
Yes, despite not paying for the mortgage she is entitled to 50% of the equity, if it is held in equal shares. She will have to share the costs of selling the home if that is pursued.
Customer: replied 7 months ago.
Thank you
Therefore if we want to stay in this house would you recommend we buy her out as soon as possible? The house is at about level, equity wise. And even if myself and my husband brought it off her would she still have to pay 50% fee's?
Expert:  Harris replied 7 months ago.
Yes, she should be sharing at least 50% of the fees with you if you buy out her share.
Customer: replied 7 months ago.
Also by law could we now ask her for half the mortgage cost? Or had that ship sailed as such?
Customer: replied 7 months ago.
Is there ANYTHNG legally we can do to challenge her on 50% as she hasn't paid towards the mortgage?
Expert:  Harris replied 7 months ago.
To be honest it will be extremely difficult without any formal agreements and she may be within her rights to charge "occupational rent" has she has not been able to use the property - but if she does that his counter-claim would be to pursue her for the interest payments made on the mortgage that she has not contributed towards, effectively cancelling out her claim.

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