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james bruce
james bruce, Solicitor-advocate
Category: Family Law
Satisfied Customers: 4730
Experience:  Owner at James Bruce Solicitors
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I'm a co-owner of a property with my ex-partner. She moved

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Hi, I'm a co-owner of a property with my ex-partner. She moved out to her parents but still has access to the house and the keys and are stuff is still there. She is still paying for half of the mortgage but the home insurance policy that is part of the terms of the mortgage was up for renewal and she refused to pay. I want to buy her out soon but I'm still waiting for some paperwork. I warned her that if she didn't pay what she is liable for -half, that I would not sell because we would breach the mortgage agreement and damage my financial credibility to buy her out. Because we have2 young daughteRS of 4 and 6 years old, she threatened me that she will take me to court and claim that I'm stopping her from housing the children. We have shared custody. What does the law say about that because she is the one who wants to break the agreement in the first place?

Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Sorry to hear of the problems you are having.

I understand the issue relating to the insurance.

If the mortgage is a joint mortgage, and likewise, the insurance in joint names, then unfortunately, if she refuses to pay towards the cost of the insurance, then as a joint policy, you would still be liable to pay the fees due. That is what happens to joint accounts and policies.
Althought shared, it is not simply a case of “ I pay 50% and you pay 50%”. You are both equally liable for the full amount.

As you have shared custody of the children you are stopping housing them, they can easily stay with you. That is a decision you would have to reach.

Customer: replied 9 days ago.
Thank you for your reply.I was just wondering if I could be accused of not letting her house the children by the court when my actions are the backlash of her breaching the mortgage agreement. I'm more than happy to stay with my children but she wouldn't agree because we just finished now a 1 year-long custody and we got shared.

I don't think that her argument would go anywhere.

It is of her own doing.

But it could be reasonable that if you want to buy her out, you d so for the insurance as well. try and reach an agreement whereby you will pay the insurance and then deduct her part for any payment she receives.

Can I assist or clarify anything further?

Customer: replied 8 days ago.
Thank you for your clarification.

your very welcome.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.

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