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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31861
Experience:  Over 5 years in practice
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I was in a relationship with my partner for 2 years with a

Customer Question

I was in a relationship with my partner for 2 years with a very young baby. we have recently split up, about 4 months ago he paid my ex partner out of the mortgage who was entitled to a small percentage as I was paying the mortgage for the last 15 years and had not been together for that long also. Now he wants to sell the house and get half, surely he is not entitled to half only what he has put in?, I really believe this was planned but can not prove this.
he has left our joint bank account in debit of £1000 and refuses to pay half and he has told me he has to only pay £40 a week in child maintenance
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

Is the property owned as joint tenants?
Customer: replied 4 years ago.


when he bought my ex partner out his name went onto the mortgage, but my ex partner was only entitled a % and it was this % he paid my ex off to take his name off the mortgage, I have been living in my house for over 15 years now paying the mortgage myself so my ex was only entitled to a % when I sold. surely he can not expect half this was only 4 months ago

Customer: replied 4 years ago.

he brought my ex off the mortgage in order to get his name off and his on, my ex was only entitled to a % and it was this % he paid him. this was only 4 months ago, surely he can not except half just what he has paid, as I have been living here paying the mortgage for the last 15 years myself

Expert:  James Mather replied 4 years ago.



So the house is jointly owned,
but you have paid the mortgage for 15 years alough you lived together. U have now split and he now wants half. Is that the
situation? How old is your child?

Customer: replied 4 years ago.


My daughter is 9 months old

Expert:  James Mather replied 4 years ago.
Is my synopsis correct?
Customer: replied 4 years ago.

yes

Expert:  James Mather replied 4 years ago.
Please explain how you have paid the mortgage for 15 years if you have only been together and owned the house for 2. Thanks
Customer: replied 4 years ago.


my ex partner and I brought the house together about 17 years ago, 2 years later my ex ran off with another women and I have been living there with my son since for 15 years paying the mortgage on my own. 2 years ago I met someone else and about 4 months ago he brought my ex out i.e. off the mortgage and had his name placed on the mortgage he has now left me wanting me to sell up so he can have half.

Expert:  James Mather replied 4 years ago.




I am going to opt out of this for another expert to consider.
Please do not reply or it comes back into my inbox. Another expert will pick it
up at some stage. It is now open to all experts.



Customer: replied 4 years ago.

when will this be

Expert:  James Mather replied 4 years ago.
Hopefully someone will pick it up today
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
How much is the house worth and how much is outstanding on the mortgage?
When your partners name was added to the mortgage did you protect your interest in the property with a Declaration of Trust?
Claire
Customer: replied 4 years ago.

about £150.000 and answer to your second question no

Expert:  Clare replied 4 years ago.
Hi
How much is outstanding on the mortgage?
Claire