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: 34510
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

I have a joint mortgage with my ex partner, he moved out

Customer Question

I have a joint mortgage with my ex partner, he moved out September 2012 and hasn’t paid a penny towards the mortgage since. I’ve looked into taking his names off the mortgage but because he left me with debts I had to go into debt management (which I paid off in 2015) stops me from taking the mortgage on alone as it takes 6 years for my credit score to go back to normal. My ex also has had a restriction/debt put on the mortgage which means if I want to sell the property his share of the profit has to cover the cost of the debt. I just want to know if there is any way I can get him off the mortgage with just paying him the debt amount he owes on the property and not the full half of the profit since he hasn’t paid into the property for the last 5 years.
Submitted: 20 days ago.
Category: Law
Expert:  Clare replied 20 days ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Were you married and are there any children involved?

How much is the house worth and how much is outstanding on the mortgage?

Customer: replied 20 days ago.
We where not married and we don’t have children.
We bought the house for £65,000 and it now worth about £80,000. The outstanding balance on the mortgage is £54,000. I’m still living in the house and paying the mortgage I’m even paying extra into it every month.
Expert:  Clare replied 20 days ago.

How much have you paid off the capital?

Customer: replied 20 days ago.
Well we used my savings for the deposit which was £3,500 and I’ve been paying it alone for 5 years so in the region 16,000 in mortgage and additional payments.
Expert:  Clare replied 19 days ago.

Sorry - I need to know how much the outstanding capital has reduced since he moved out - you can find out by comparing the two mortgage statements

Customer: replied 19 days ago.
When he left it was £58,000 now it’s 54,000
Expert:  Clare replied 18 days ago.

Is your ex pressing you for an immediate sale/

Customer: replied 18 days ago.
No I’m just trying to get as much info as I can just in case my ex or if I ever want to sell
Expert:  Clare replied 17 days ago.

Who paid the deposit and how much was it?

Customer: replied 17 days ago.
I did as I said In the previous message and it was £3,500Well we used my savings for the deposit which was £3,500 and I’ve been paying it alone for 5 years so in the region 16,000 in mortgage and additional payments.
Expert:  Clare replied 17 days ago.

My apologies you had indeed told me that

As a joint owner of the property your ex is entitled to force the sale of the house via the courts if he wishes to do so and unless you can gtr him released from the mortgage and pay him off you will not be able to stop the sale.

Legally unless at the time of the purchase you agreed something else in writing your ex is entitled to half of the equity.

However you certainly have a good argument for saying that you should be credited with the amount that you have paid off the mortgage - £4,000 and that the deposit should be refunded - minimising the amount due to him.

You can try and negotiate with him using Family Mediation when the time comes pointing out that avoiding the costs and delay of a court applictaion has to be in his favour

I hope that this is of assistance - please ask if you need further details