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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 11844
Experience:  I have been practising for 30 years.
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After a 26yr relationship my partner left me for a younger

Customer Question

Hi after a 26yr relationship my partner left me for a younger woman at work leaving me with our 13 and 20 yr old daughters at home where we have a joint mortgage. He moved in with his mum, in Sept last year. We agreed to put the house on the market in December when I moved into rented ( probably a mistake on my part ) and he moved back in until it was sold. We had up til then paid the mortgage equally although he did pay the bills as well. He earns 47k a year and me 18k.
My 20yr daughter came with me and my 13 decided to stay with her dad which broke my heart. Now March we have an offer on the house and my partner says the mortgage won be split 50/50 as he paid the mortgage solo from Dec until now whist I rented. Also he too out a bank loan in his name and bought a car which I became the main driver of when he got a company car. We sold the car which went towards the stamp duty and solicitors fees and he paid off his credit card 11k in total now he us saying I also have to pay half HIS loan until it's paid off Aug 18.
Advice I pay or let him take me to court
Regards sarah
Submitted: 10 months ago.
Category: Family Law
Expert:  F E Smith replied 10 months ago.

Hello for clarification - how long have you been out of the property?

he is asking for your contribution towards the mortgage although you weren't living there?

has the house sold?

he took the loan out in his name but wants you to pay half?

is the above info correct?

Customer: replied 10 months ago.
I moved out of the property 8th Dec 2017 when we put it up for sale. My 20 tr old daughter came with me and our 13 yr daughter stayed.
He wants the mortgage payments he made on his own from December 2017 to now out of the equity. Even though he wanted me to move out and rent. Bearing in mind his new girlfriend stays a lot.Yes an offer is on the house stc.
Yes he took a loan out in his name over 4yrs ago and bought a car that he wanted. We sold the car to pay for solicitors fees when buying our 2nd house which he wants me to pay half from oct last yr when we ceased having a joint bank account til the loan ends in Aug 2018
Expert:  F E Smith replied 10 months ago.

A person was moved out of the property is not responsible for the mortgage or the bills of it although they remain liable to the lender the resident partner stops paying.

You have a 13-year-old child and you are both under a duty to provide a home for dependent children until they reach 18 and so, unless a sale of the property would release enough money to buy a home for you and your daughter for another five years and give him some money, then a sale is not on the cards unless you want to sell the property. There is a possibility that if you needed to downsize, because you couldn’t pay the mortgage, you could ask the court to apply all the sale proceeds to a smaller house and for him to get his share only in another five years.

You jointly owned the house and therefore, you are both free to come and go as you like and moving out doesn’t disadvantage you to a greater extent provided he is not awkward when it comes to selling the property although any improvements or capital repayments he makes since December would be taken into account when deciding how much he gets from the property.

You use the word partner rather than husband or spouse and therefore I am assuming you are not married. There is therefore no spousal maintenance that he would pay you although as he has the dependent child living with him, you would actually be liable to pay him child maintenance.

Here is the booklet on how child maintenance is worked out and look in particular at the top of page 18 but do read the whole book

Can I clarify anything else for you?

Customer: replied 10 months ago.
just to clarify he can ask for more equity because he made payments from December up until the sale which it is under is he entitled to the full monthly mortgage payments he made or 50% ..even though it is a joint mortgage not a tennants in common mortgage ?
You didn't clarify if I have to pay half of his loan ?
I am aware I have to pay child maintenance even though I want her to live with me and she does stay often with me.
Expert:  F E Smith replied 10 months ago.

To be honest, unless he’s fitted a new kitchen and bathroom and made massive contributions to the capital repayment, any payments between December and now are going to be minimal in the whole scale of things if he was still in the property.

Mortgages are always joint mortgages. The property may be joint tenants or tenants in common but the mortgage is totally the liability of each person. Each person is jointly and severally liable for the whole amount.

Child maintenance is reduced by one seventh for each 52 nights the child stays with the non-resident parent.

Before you go (you can come back at any time), please don’t forget to use the rating service because that gives me credit. It doesn’t just give me a pat on the head! The thread remains open. We can still exchange emails.

Kind regards.


Customer: replied 10 months ago.
I feel like you still haven't answered my question. Legally can he ask me to pay him back the mortgage payments he's made or not. ( regardless of how minimal you say they are he's asking for nearly 6,000 ) and legally can he get me to pay half of his loan from oct 2017 when we no longer had joint bank accounts to Aug 18 when the loan is paid off when the loan is in his name??
Those are the 2 questions I need answering.
Expert:  F E Smith replied 10 months ago.

If he is still in the property he cannot recover mortgage payments from you while he remains in occupation. The cost of arguing over 3 months mortgage payments is going to be more than the actual mortgage payments being argued over.

He is entitled to have his new girlfriend there whenever he likes.

Customer: replied 10 months ago.
I'm talking about when the house sells! And the loan???
Expert:  F E Smith replied 10 months ago.

He pays the mortgage for the benefit of living in the property in exactly the same way that he would pay rent. Therefore is not entitled to claim any credit when the property eventually sells because he paid the mortgage although he may be entitled to recover in respect of any reduction in capital which over the course of months rather than years, is probably going to be negligible.

You are not liable to the lender for any loan which is not in joint names.

You may have a liability within the finances of the relationship.

Although the loan was in respect of a car which you had the use of, that has now been sold and it is the proceeds we used for a variety of matters, not all related to the relationship and he would not be entitled to make any claim in respect of money from that loan which was used to pay his credit card for example