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Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My Partner moved out, 18 months ago. we were not married,

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My Partner moved out, 18 months ago. we were not married, had no children. he paid half the mortgage for 4 months then stopped paying any bills or mortgage. his solicitor said I am liable to pay him rent for his half of the property. I have since moved my boyfriend in. my ex wants me to sell the property so he can have half the equity. I cant afford to take on the whole mortgage in my name. where do I stand and if he isn't paying his half of the mortgage is the house more mine than his?

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Whose name is ***** ***** in?

-How much is the value of the property and what is the outstanding mortgage?

Customer: replied 1 year ago.
The property is in joint names the mortgage is for £250,000. The property has been valued at £350,000, but there it needs to be signed off by building control. I have not had it signed off because once signed off it will be worth more possibly £400,000 & can be put on the market. I don't want to sell it.

Thank you for confirming. As you are not married and in the absence of a formal agreement that your contributions increase your share of the property, legally you are both only entitled to a share in accordance with how title is held - so if it is as joint tenants it will be in equal shares. If you have assets to buy out his share then you can propose this and have a document drawn up where only you will benefit from the property and be liable for the mortgage.

In the event that such course of action cannot be pursued, as he is not living there he is able to claim what is called occupational rent as he is not having the benefit of use of the property and occupational rent should be assessed on a relevant proportion of a fair rent.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you.

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