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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34275
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My friends partner (not husband) walked out earlier this week.

Customer Question

My friends partner (not husband) walked out earlier this week. 18 months ago she paid the deposit on the house, but they had both names on the mortgage. He had signed a legal paper saying that when they sold the house she would get the deposit back but they would split any profits 50/50. He paid into her bank account every month half of the mortgage repayment, then she paid the full mortgage payment from her account to the mortgage company. She paid all the utility bills and council tax bills, his sole input was half the mortgage. He only lived there weekends, the occasional week holiday with his children and public holidays - christmas etc. He has now told her he wants the money he put into the mortgage repayments paying back to him, approx £7500. What are her legal rights? She doesn't want to sell the house and uproot her children, but wants to get his name off the mortgage, how can she go about this?
Submitted: 4 years ago.
Category: Property Law
Expert:  Clare replied 4 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
How much is the protected deposit?
Claire
Customer: replied 4 years ago.

The protect deposit is £70,000 and the house is worth approx £170,000 and there is £94,000 outstanding on the mortgage.

Expert:  Clare replied 4 years ago.
Hi
Would your friend be able to get her ex released from the existing mortgage
Claire
Customer: replied 4 years ago.

Yes I think so, she needs to speak to the mortgage company.

Expert:  Clare replied 4 years ago.
Hi
Could she raise a small sum - £2000 or so?
Claire
Customer: replied 4 years ago.

What would that be for a gesture of good will? I was wondering what she is legally obligated to do.?

Expert:  Clare replied 4 years ago.
Hi
No that is the most he is likely to be entitled to if she is able to get him released from the mortgage
If the sale price is £170,000 and the mortgage is £94,000 and the first £70,000 goes to your friend, then once you have allowed for the costs of sale the amount available for division between them is £4,000 at most - shared 50/50.
Your friend should try and discuss matters with her ex using Family Mediation (www.familymediationhelpline.co.uk) so that he can come to understand what his actual entitlement is
She should also find out of she can obtain his release from the mortgage as this will effect her options.
If she cannot get him released then there is a potential problem as he will be entitled to apply for the sale so that he can be released from the mortgage
I hope that this is of assistance - please ask if there is further information that you require
Claire