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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?
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 https://www.magic-parts.co.uk/acatalog/MacAllister-Pro-50-294532049-BQ.php
Can I clarify anything else for you?
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.
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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.
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