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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13329
Experience:  Solicitor with more than 30 years experience
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I would like to make a will. my ex partner is still named on

Customer Question

I would like to make a will. my ex partner is still named on the mortgage does he have any jurisdiction on claiming for my house. I have a 3 year old and have paid the mortgage myself for 14 months
Submitted: 5 years ago.
Category: Law
Expert:  Senior Partner replied 5 years ago.
If when you say your ex partner is on the mortgage you mean is he is still a co- owner then yes he certainly will have a potential claim. How the value of the property is split depends upon a) what was agree and b) what contributions you make. If he provided the deposit for example. Also if the mortgage is interest only the fact that you pay it may not mean you are entitled to a larger share as you are not paying capital and of course you live there rent free. On the other hand if it is a repayment mortgage and you provided the deposit his claim might be quite small. You need to sort it out by agreement or you will end up having to go to court to resolve the equity shares.