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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34910
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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My son and his fiancee had a one bed flat which they bought.

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My son and his fiancee had a one bed flat which they bought. Two months before the wedding date, she left him for another man, that was a year ago. They had to wait to sell the property because of the mortgage agreement but are able to do so now. My son has continued to pay half the mortgage and maintenance costs of the flat but not the utility bills. The payments, on top of living elsewhere are crippling him. They are now in a situation where they can sell the flat and when the contract arrived from their solicitor, it lists her new man as an adult occupier. My son did not know he was in the flat at all. Should he have been asked for permission for this man to be there? Should the man have paid my son an amount in rent? What are my son's rights in this case?
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the house worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.
£125,000 and there is £83,000 left on the mortgage.
Is it a repayment or an interest only mortgage?How much have half the mortgage payments been?
Customer: replied 2 years ago.
It's a repayment mortgage. Half the mortgage payments were about £200 per month. He also paid half the maintenance costs of the flat, but I don't know how much they were.
How much was the original amount borrowed
Customer: replied 2 years ago.
Of what's left, £12,500 has to be repaid to her mum, who lent them the deposit, and then the costs must be paid. What remains will be split 50/50.
Customer: replied 2 years ago.
£83,000 on the mortgage and £12,500 for the deposit. They paid for three years, so haven't paid a lot back on the mortgage.
Your son's ex was entitled to have guests at the property - including her new partner - without consulting him.However your son is entitled to ask that his ex pay "occupational rent" for the use of his share of the property and he should ask to be credited with allpayments he has made since her new partner has moved inI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 2 years ago.
Thank you. The chances of getting a penny out of this man would seem slim but it helps to know my son has right on his side, should the opportunity arise.
For clarity - the new man owes him nothing.His EX should be repaying the mortgage payments that your son paid from her share of the equity
Customer: replied 2 years ago.
That's very interesting. Thank you so much. I will pass this on.
You are most welcome.Might I ask you to spare some time to give a rating - I do not get paid my share of your payment unless you give a positive rating
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