How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
13262538
Type Your Law Question Here...
Clare is online now

Hi, I am in a process of financial settlement related to divorce.

Resolved Question:

Hi, I am in a process of financial settlement related to divorce. I have moved out of joint-owned property back in September 2012. My ex has agreed that he will settle what he owes me by March 2013. He hasn't done anything since. We have now put the property on the market and he is asking me to pay half the mortgage since I moved out. My argument is that I am prepared to pay for the duration since I moved out until the date he was meant to buy me out. Am I correct in thinking that?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
What other assets are there and what income do you each have?
Are there any children involved?
Clare
Customer: replied 2 years ago.

Hi, the house is worth £450k and there is around £170k still outstanding currently. No children involved, everything else is split, it is just the house that is oustanding

Expert:  Clare replied 2 years ago.
Hi
Is it a repayment or an interest only mortgage?
Clare
Customer: replied 2 years ago.

Hiya, it is repayment

Expert:  Clare replied 2 years ago.
Hi
How much was paid off the capital last year - do you know?
Clare
Customer: replied 2 years ago.

Since I moved out I think around £15k was paid off. The agreement we had in place was that i will be bought out or we will sell the property by March 2013. Nothing happened since then and I am still waiting for the flat settlement which costs me £10,800 in rent. I am obviously losing on the chance to buy my own property and wasting money on rent instead. My ex wants to charge me for half of the mortgage paid off, does he have the right to do so?

Expert:  Clare replied 2 years ago.
Hi
So far as the mortgage company is concerned then of course you remain liable for the mortgage HOWEVER since your ex is living there and you are not it is reasonable for you to say that paying your half of the mortgage represents "occupational rent" for your share of the property.
However it is reasonable that you pay towards any actual reduction in the mortgage capital that has occurred during that time - but only towards that not any of the interest - and even that is arguable given the long delay for his benefit
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Does it make any difference to the above if my ex two months after I left rented a room and the tenant is still there contributing towards the mortgage?

Expert:  Clare replied 2 years ago.
Hi
Yes that does make your position even stronger and on that basis there is no reason to offer any payment at all.
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33816
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 4 other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions