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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34139
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi, I'm joint tenant on a property with my ex, we split

Customer Question

Hi,
I'm joint tenant on a property with my ex, we split 7 years ago. The house has good positive equity in it, however mortgage hasn't been paid and mortgage company are repossessing. What happens to the divide on equity after repossession? Is it a straight 50/50 split or can my ex argue he should have more? Not sure how it works once its been taken back into ownership by the mortgage company. If they just split 50/50 or if he can still put a stop to this somehow.
Many Thanks
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.
Who has been living in the property and why was it not sold before this happened?
Clare
Customer: replied 2 years ago.

The property has been empty for almost a year.

Salient points:



  1. Property bought as Joint Tenants 2006

  2. Split 7 years ago due to his affair

  3. I rented - he stayed in property

  4. I have been constantly trying to get off the property/mortgage - he has been nothing but uncooperative

  5. He moved to Philadelphia, USA 2 years ago

  6. He tried to sell the property without my permission

  7. He then rented the property without my permission or knowledge

  8. Tenants moved out


Throughout all of this the property has almost been repossessed 5 times prior to this, down to him 'forgetting' to pay the mortgage. I am not in a position to contribute as I have my rent to pay (as I cant buy whilst stuck on this property) I have always been the one to fight to save it and eventually get him to pay.

We did have an agreement for a settlement figure based on him removing me from the property with a 12 month maximum period - he failed to do this, he hasn't responded to me or solicitor for years, and I now can't afford a solicitor (sole breadwinner, 4 year old child and one on the way)

The stress from having to deal with everything over the last 6/7 years has been awful, so this time I just want it gone as its my only way out.

Hope this helps a little. There is so much more but trying to stick to basics.

Expert:  Clare replied 2 years ago.
Hi
How much is the property worth and how much is outstanding on the mortgage at the moment?
Were you married?
Clare
Customer: replied 2 years ago.

Hi,

Never Married thank goodness. :)

Property Value: £450,000

Outstanding Mortgage: £196,000

Purchase price: £349.950

Mortgage Arrears: £8,400

Hope this helps

Louise

Expert:  Clare replied 2 years ago.
Hi
So far as the mortgage company are concerned they will sell it for the best price they can (which will be lower than you expect) and deduct the outstanding mortgage and the very high repossession costs, then send each of you half the balance.
If your ex wishes to challenge that then he will have to start court action - and if he does that YOU will be able to claim credit for the extra expenses caused by his behaviour.
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 2 years ago.

Thank you.

Can he start court action before then, or would he need to wait until the property is sold and equity divided?

Customer: replied 2 years ago.
Relist: Incomplete answer.
I need to know if he can do anything with the court before the property is sold, of if he can't do anything until afterwards when the equity has been divided and paid out to us both equally. I have a feeling this will turn nasty and I need to know where I stand.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay.
He can make the application at any time - but once the money has been distributed there is no further action he can take.
I appreciate your fears but realistically any attempt he makes is doomed to failure and you will get 50% of whatever the excess is
Clare