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Joshua, Lawyer
Category: Family Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have joint mortgage but paid it myself for 10 yrs and paid

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I have joint mortgage but paid it myself for 10 yrs and paid all maintenance including new central heating. My ex partner has charge on house for debt approx 9rs ago. Is he entitled to half of sale value?

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I confirm if you are or were married and whether you have any children together?
  2. Did you agree anything as regards ***** ***** what share in the property in writing?
  3. Were you a joint borrower under the debt? Is the charge a mortgage or was it the result of a charging order issue by a court?
Customer: replied 10 months ago.
Hi Joshua, we were never married but have 18yr old daughter and I have 32yr old and 26 yr old from previous marriage. I paid £15,000 deposit in 2001 and we remortgaged approx 12 yrs ago so next month will be 8 yrs left on mortgage. We separated in November 2006 and I started paying mortgage alone January 2007. There is charge on property with natwest as he went bankrupt in 2008 but they managed to get charge on house for 21,000 approx which he has never tried to pay off. We have not discussed as I think he does not realise he could claim if I sell.the debt is solely his was charging order by court. I could be completely wrong and have not said I am selling as wanted to be ready with facts.the reason I want to sell is to clear charge on house,there is also one on me at later date which obviously I am ashamed of. I then want to help each of children onto property ladder.
  1. Thanks. Is your daughter still at school or college and is she going to university? Does she live with you as opposed to your ex?
  2. You mention your ex partner was made bankrupt. At that time his share of the house would have been transferred to his official receiver. Do you know what happened to it after that? Was it sold or offered back to you or your ex by the receiver?
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