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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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2 and a half years ago, I got a mortgage with my ex. I was

Resolved Question:

2 and a half years ago, I got a mortgage with my ex. Joint tenants. I was the one who paid for the deposit and all legal fees. He moved out over a year ago when we split up, and since then hasn't paid anything towards mortgage or bills. I am now in the process of selling the flat, and am also paying for everything, i.e.: survey, solicitors. When he moved out he said he didn't want anything. Now what he says is that he wants half of it. I was naive at the time and not advise by anyone that I could have made arrangements to have a different contract where it would protect what I put in. Where do I stand with this?

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?
How much did you contribute at the start
Clare
Customer: replied 3 years ago.

we bought it under the shared ownership scheme, so only 30% of the flat. I had just under £22,000, of which £19,000 went for the deposit, and the rest on legal fees and survey. I have proof that this money came out of my savings account, as it was a gift from my father.

The flat at the time was worth £210,000, so our 30% share was worth £63000.

There is £41000 remaining on the mortgage now. I have just accepted an offer to sell the flat for £350,000.

Expert:  Clare replied 3 years ago.
Hi
Is the mortgage a repayment mortgage or an interest only one?
Clare
Customer: replied 3 years ago.

repayment

and he only paid for half of it when we were living together

Expert:  Clare replied 3 years ago.
Hi
How much have you actually offered him in settlement?
Clare
Customer: replied 3 years ago.
Nothing yet, but I was thinking between £5,000 and £10,000 which is at least 5 times more than what he put in.
Expert:  Clare replied 3 years ago.
Hi Ana
As you rightly say you should have been advised as to how to protect your capital investment in the property with a declaration of trust
However the fact that he moved out so quickly and said he would not make a claim does give you some room for manoeuvre and allows you to argue that it was clear that you should get substantially more of the equity and that there is a good chance that the Court would support you should either of you make and application under the Trusts of land and Appointment of T Rustees Act
You should offer to negotiate with him using Family mediation (www.familymediationhelpline.co.uk) to discuss this.
A settlement somewhere between £10,000 and £20,0000 is likely and obviously you need to factor in the risk of court costs for you both if agreement not be reached
Clare
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