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: 34267
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: 3 years ago.
Category: Law
Expert:  Clare replied 3 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 3 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 3 years ago.
Hi
Is it a repayment or an interest only mortgage?
Clare
Customer: replied 3 years ago.

Hiya, it is repayment

Expert:  Clare replied 3 years ago.
Hi
How much was paid off the capital last year - do you know?
Clare
Customer: replied 3 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 3 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 3 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 3 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 and 4 other Law Specialists are ready to help you