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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner left 18mths ago and I agreed at the time to give

Resolved Question:

My partner left 18mths ago and I agreed at the time to give him half the value of the property at the date he left subject to mediation to agree maintenance for my daughter etc. He did not agree to mediation.
I am now ready to sell the property and he now wants half the value of the property as of todays date. He hasn't paid any mortgage or maintenance in that period and I wondered if he was entitled to the value now.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further details firstHow much is the house worth and how much is outstanding on the mortgage?How old is the child?
Customer: replied 1 year ago.
My daughter is 12 the mortgage is £165k and worth £250k. The house was valued by my partner when he left in sep 2014 at £195k and he agreed to take 50% of the balance once the mortgage,was repaid.He has not paid anything for the mortgage or his daughter since leaving.Selina
Expert:  Clare replied 1 year ago.
Is it an Interest Only or a Repayment mortgage?
Customer: replied 1 year ago.
Interest only.
Expert:  Clare replied 1 year ago.
How was the original purchase financed - and where are you moving to?
Customer: replied 1 year ago.
I paid the,deposit and paid for the renovation. Not sure I expected to rent but wont be able to afford if my ex partner is entitled to 50% of todays value and not 18 months ago.
Do you know what he is entitled to?
Expert:  Clare replied 1 year ago.
How much does a two bedroom property in the same school area cost to buy?How much was the deposit - and how much did the renovation increase the value of the property(do not worry - all of this IS relevant)
Customer: replied 1 year ago.
20k deposit and um not sure about the renovations. It was a new bathroom kitchen and re decoration throughout. My partner painted it, we were not married. Approx £140k but I'm now self employed so wont get a mortgage.
Expert:  Clare replied 1 year ago.
Right - do you WANT to move (serious question)
Customer: replied 1 year ago.
Not really but financially I cant afford the mortgage.
Expert:  Clare replied 1 year ago.
Thought about a lodger?If you had ALL the equity could you raise a small mortgage?
Customer: replied 1 year ago.
I've only been trading for a year. I could get a lodger but does that just mean I still have to give my ex 50% when I eventually sell
Expert:  Clare replied 1 year ago.
Not necessarily - there are two different approaches and I am trying to make sure I keep both of them in mindDid you not protect your deposit with a Declaration of Trust
Customer: replied 1 year ago.
No he'd been through a messy divorce and I thought at the time he would be fair if we broke up!!
Expert:  Clare replied 1 year ago.
okWhat was the purchase price?
Customer: replied 1 year ago.
£185 k
Expert:  Clare replied 1 year ago.
Did he bring any capital to the house?
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
OkThere are ways round thisLast point - what income does he have?
Customer: replied 1 year ago.
I have no idea he has never told me. He is in full time employment selling double glazing.
Expert:  Clare replied 1 year ago.
There are a number of legal issues that you need to know about before you decide the best way forward for you and your child.Under schedule 1 of the Children Act your ex is under a duty to help you house your child until the child is 18.On that basis you can remain in the property until then unless you cohabit OR the property can be sold and release enough funds to allow youto purchase an alternative property - with your ex having to wait until your child is 18 to receive his share.Dealing with property law the trust you had when the property was purchased means that as things stand the assumption is thatthe equity will be divided equally between you and your ex when the property is sold (subject to what I have said above)That is payable at the time of the sale I am afraid despite the fact he has been gone a while. had it been a repayment mortgage thenyou could have claimed credit for any capital repaid by youHOWEVER the fact that you paid the deposit, and that you have paid for the renovations which have helped increase the value of the property does potentially change thingsYou can use this to argue that you should have a larger share of the equity - and there is case law which would support you if you chose to go to court.As I said - only you can decide the way forward bearing in mind all the above.One easy decision is this - apply to the CMS (new CSA) to sort out the child maintenance without delay!Please ask if you need further detailsClare
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