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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34503
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I split with my ex about 1 year ago.We purchased a property

Customer Question

I split with my ex about 1 year ago. We purchased a property together on a repayment mortgage which was 50/50. No deposit was paid when purchasing the property. When splitting my partner remained in the property and I rented separate accommodation. Whilst together we had accumulated a few thousand pounds worth of credit card debt which was on a card in his name. When splitting up it was agreed that I would pay rent elsewhere and still contribute £230 per month to him which was to be used to pay the credit cards to hopefully clear them quickly. My ex continued to pay the full mortgage payment (as I was paying his credit cards to clear debt we had created together). We have recently had the property valued and we have around £20,000 equity in the house and are considering selling it. He has advised me that he has sought legal advice and they have now advised him that because I have made no contribution towards the mortgage in the last 12 months that I am no longer entitled to 50% of what ever the property sells for (despite the mortgage stating this...). Is this true?


 


I had actually made contributions but the money I have paid he has chose to allocate to his credit card rather than to the mortgage. I don't have to pay his credit card as it is in his name not mine yet I chose to do this to keep things fair as he was paying more towards the mortgage on the understanding that I was renting elsewhere. Surely nobody can prove what the money I was paying was for....?


 


Please help give me correct information! As I believe I have a legal right to 50% of a house where I contribution significant funds to renovating over the 5 years we were together, plus 50% of mortgage payments during this period and continued contributions since we split (plus the fact that my name is XXXXX XXXXX mortgage as a 50% owner).


 


If my ex will not sell the property, is it possible for me to force him to buy me out or to force the sale?

Submitted: 4 years ago.
Category: Law
Expert:  Clare replied 4 years ago.
Hi
Welcome and thanks for asking your question. My name is Claire
No this is not true and your ex has not been told this by any qualified solicitor.
You remain entitled to 50% of the equity (and would have still been entitled to it even if you had not paid him a penny in the mean time) and yes you can indeed force the sale of the property if he is not willing to pay you your share of the equity and release you from the mortgage
Claire
Clare and other Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi Claire,


 


Thanks for taking the time to provide me with this information. That's exactly what I needed to hear.


 


Thank you for your quick response.


Anthony Horrobin

Expert:  Clare replied 4 years ago.
Hi
You are most welcome - good luck
Claire