Ask a Law Question, Get an Answer ASAP!
Thanks for the response - the property is valued at £185k (by my recent mortgage valuation) with an outstanding mortgage of circa £134,500. In addition there is an secured loan of £10k that we used to renovate the house leaving a total of £144,500 that I have secured from my new mortgage provider.
We have not children together, where not married & although we discussed it verbally that I would get the £15k back I naively did not seek legal advice to cover this.
I have been living in the property since purchased & can demonstrate all payments made to the mortgage & additional maintenance etc...
I am currently living in the property with my new partner & child.
she hasn't directly however her expectation is half of equity - what is the legal position seeing as she has made no contribution whatsoever during the c
se of the ownership?
We have been separated in April 2009 - we purchased the house in 2006, renovated it for 2 years (using the 10k loan) lived in it for circa 10 months to April 2009 than split up. Again throughout all this period, all mortgage payments, utilities, maintenance etc was paid for by myself with no contribution from my ex-partner.
OK thanks - so legally she is still entitled to half the equity even though I have paid all mortgage repayments & maintenance on the house (new bathroom, kitchen, roof etc) throughout that time, does this not fall into any element of additional equity towards me?
When you say 'should' be able to recover the 15k can you elaborate? Is this through legal means?
if we can't agree a payment even via mediation, what is the next steps / options? Can the situation be taken in court for resolution? I am trying to establish the strengths / weaknesses of my case if any... and what the options are as keen to avoid this situation prolonging any further. In your experience, what would a court look to potentially rule giving what I have told you?
thanks - do you have an indication as to the costs of this legal process? I appreciate this is indicative however rough estimations would allow me to decide if it is worthwhile proceeding via the legal system
if she is seeking circa 10-15k shared equity it might be worth me looking a it