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Clare, Solicitor
Category: Law
Satisfied Customers: 34896
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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my daughter and her ex boyfriend have a joint mortgage on their

Customer Question

my daughter and her ex boyfriend have a joint mortgage on their house which payments started in December 2011. He left her after 5 months (April 2012). He has only paid 2 of the repayments and my daughter has paid the rest. She was also 3 months pregnant when he left .She gets the interest paid by the DWS and has to find the capital which so far she has managed to do. Her ex wants her to sell the property as he says he will not pay anything towards the mortgage, but she does not want to sell. She realises that either or bother are liable to pay the mortgage repayments. Please can you advise how she stands legally in the future is she has continued to pay the mortgage - if she can prove that she alone has paid the mortgage what entitlement will her ex have ? Many thanks.
Submitted: 5 years ago.
Category: Law
Expert:  Buachaill replied 5 years ago.
1. It is a dodgy approach to joint ownership to continue to pay a joint mortgage in the hope that one party will then come to own the property solely. Good and clear evidence is required to rebut the presumption of joint ownership of the property. In this situation, your daughter is better advised to buy out the interest of her ex boyfriend if she wishes to continue to live in the property and to pay the mortgage. Otherwise, her continued payment of the joint mortgage will only assist him. Additionally, as the property is held on a statutory trust for sale, her ex boyfriend will be able to have the house sold whenever he wishes. Accordingly, in law, your daughter is best advised to buy out his interest for whatever he paid towards the purchase price plus the two mortgage repayments he paid and then, after his name has been removed from the title deeds, to continue to pay the mortgage repayments herself. However, this proposed approach to continue to pay the mortgage repayments on a joint mortgage is foolish. Get the property in her sole name and then continue to pay the mortgage repayments, as your daughter cannot simply exclude her ex boyfriend's ownership by continuing to make repayments to the mortgage.
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Expert:  Clare replied 5 years ago.
Did your daughter go ahead with the pregnancy?
How much is the house worth an dhow much is outstanding on the mortgage?