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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34902
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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Me and my ex husband have a property together with a

Customer Question

Me and my ex husband have a property together with a mortgage on our children we had together are now grown up and moved out he hasn't paid toward the mortgage for 11 years and we lived here together for 6 years previous how much is he entitled to as he wants it up for sale, if it 50 per cent I have heard that I can ask for rent off him for the years he hasn't paid towards the mortgage thank you
Submitted: 4 months ago.
Category: Family Law
Customer: replied 4 months ago.
would he have to help towards the cost of selling the property
Expert:  Clare replied 4 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

When was the divorce and why were the financial matters not dealt with at that time?

Customer: replied 4 months ago.
We finally got divorced in 2012 we had been separated since 2006 and to be honest I don't really know why the house wasn't dealt with at the same time I think because the divorce had took so long for either one of us to start proceedings that we just wanted it done and the house got left out of it
Expert:  Clare replied 4 months ago.

How much is the house worth an dhow much is outstanding on the mortgage?

Who lives there?

What other assets do you each have and have either of you remarried?

Customer: replied 4 months ago.
The mortgage balance is £76.000 and is worth roughly £90.000 - £100.000 (however the top figure is pushing it) it's on interest only, I live at the property with my partner and two younger children we aren't married just live together and the ex partner as just moved into his partners house, I have no assets and i don't believe the ex as any assets Either
Expert:  Clare replied 4 months ago.

have you paid for any alterations or improvements to the property that have increased the value?

Customer: replied 4 months ago.
We made some home improvements whilst married, my ex husband got some compensation from an accident that occurred at work causing him to have a long period of time off due to his injuries and we also remortgaged at roughly the same time to consolidate and do home improvements which doubled the mortgage to which he doesn't pay
Customer: replied 4 months ago.
He was also living at the propert when these happened its roughly around 15 years ago
Expert:  Clare replied 4 months ago.

I meant since you separated - have you personally paid for any improvements that have increased the value since your ex left the property?

Customer: replied 4 months ago.
No I have not
Expert:  Clare replied 4 months ago.

I am afraid that you cannot ask your ex for rent - in fact it is the other way around.

He can say that his share of the mortgage that you have been paying over the last few years should be treated as "occupational rent" because you have had the benefit of living in the property and he has not.

Accordingly technically he is still entitled to 50% of the equity

I am afraid that he is entitled to force a sale - so it could be useful to try and negotiate with him and offer him a little less on the basis that he will not have to go through the court process if he accepts less

I am sorry that the news is not better - please ask if you need further details