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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34895
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a mortgage with my ex partner we were not married but

Customer Question

I have a mortgage with my ex partner we were not married but were together 6 and a half years and have a son together. She kicked me out 5 years ago and now wants to sell because she's now married and has another child and needs the extra space. She put a 25000 deposit down and i paid the monthly payments of 900 first 2 years and she has paid them last 4 years but i was giving her 500 a month years after i moved out through standing orders and the last 2 years ive only been paying csa. The original agreement we had was she gets her deposit back and we split the rest. She now believes that she is entitled to more because she has paid it longer? She has offered me 2 other options. The first being i sign my half over to her as csa payment rest of my sons life, hes 7 so it would be 11 years of payments and she would sign saying that i never have to pay again it works out about 40000 il be saving. The second being she gives me 8500 and she sells and pays all legal fees. The maximum i would get % of the mortgage is between 8000-15000 but then she said she would claim some of it back because shes paid it longer. I have been renting privately since our split and her husband has been living in the mortgaged property years now does this even come into it as ive had to rent and hes in my house but I don't get nothing from it but she wants to claim even though im already out of pocket because ive had to pay dead money ? What should I do?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 3 years ago.

We bought in 2008 she put 25000 deposit, the house is estimated at 190000-200000 on zoopla but hasn't been evaluated i dont have the exact figure on what's left to pay i can find out tomorrow but its between 140000-150000. I have just suggested to her i will take her deal to pay csa with my half of the mortgage if she gives me a 3000 cash sum on top as i would be saving more over the long run not paying csa. Can this be done legally? Or is it a bad idea?

Expert:  Clare replied 3 years ago.

Was the mortgage a repayment mortgage or an interest only one?
Customer: replied 3 years ago.

It was Repayment 2 years i was there but she may have changed it since. I know it was fixed or 3 years.

Expert:  Clare replied 3 years ago.

The suggestion that she is putting forward is not one that can be enforced in UK law as your ex would still be able to apply Maintenance and the lumps sum payment would be ignored
As things stand you will receive half of the equity since as you so rightly point out she has had the benefit of living in the property with her new partner whilst you have had to rent.
The very most she could claim would be credit of any Capital that has been repaid in the last two years - which is likely to be very small indeed
Before you agree to anything you need to have three valuation of the property (so that you can go with the middle one) and a copy of the up to date mortgage statement so that the correct calculations can be done.
You may find it better to discuss matters with your ex using family mediation
so that the discussions can stay civil and focussed
Please ask if you need further details
Customer: replied 3 years ago.

So by law you know 100% she can't make that offer to me even if its written up by a lawyer and we both signed it, She would still be able to claim csa? I think if your information is correct im better off going the mortgage then.

Expert:  Clare replied 3 years ago.

It is a matter of Public Policy that Child Maintenance liability cannot be bought out in this way
The only way that it could be done would be to have an agreement drawn up which would mean that you could sue her money that you have to pay out.
This would be complex and could backfire on you
Before you agree to anything at all make sure that you have all the correct financial information