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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11551
Experience:  30 years as a practising solicitor.
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, I am looking help and advice please. I have been

Resolved Question:

Hi, I am looking for some help and advice please.
I have been separated from my ex partner since Aug 2008 and we shared house on a joint mortgage as well as having 2 children. Since the date detailed above he has not paid any mortgage payments, I have paid all the mortgage payments up to March 2013 until unfortunately the house was repossessed due to difficulty's with finance due in part to me being a single parent on a low income trying to pay for a house and children.
I have now received a letter from our mortgage company detailing that we are to pay the outstanding balance on the mortgage which is £40K. I am in contact with the mortgage company and am willing to sort this out where as my ex partner is somewhat burying his head in the sand on this issue, but my questions on this matter are as follows......
1) Can a 50/50 split on the outstanding balance be obtained or agreed via a solicitor when one side has no interest in finding a solution and I'm the only point of contact for the mortgage company?
2) Am I entitled to claim half of the mortgage payments dating from Aug 2008 up until March 2013 when the house was repossessed?
3) I currently work part time with an annual salary of £4K therefore am I entitled to legal aid whilst dealing with this matter and what that would entail?
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
I am a Scots lawyer and will help you with this. The answers to your questions are as follows:
1. The liaiblity to the mortgage company is joint and several. What this means is that they are able to pursue one or other or both of you as they see fit. You can ask them if they would accept half the debt in full and final settlement from you but they don't have to. They could pursue you for the whole amount although where the debt will not be easily recovered they may agree to let you pay half in full and final settlement of your part of the debt.
2. Yes. You have a right of relief against your ex partner.
3. Based on your income you would qualify for legal advice and assistance. You have to see a lawyer who operates under the legal aid scheme and he will submit an application for you.
Happy to discuss further.
I hope this helps. Please leave a positive response so that I am credited for my time.
JGM and 2 other Scots Law Specialists are ready to help you