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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner divorced 6yrs ago and stopped in the house after

Customer Question

My partner divorced 6yrs ago and stopped in the house after paying her ex off. In order to carry on the mortgage she had to have her son who live at home on a joint mortgage as well as on the deeds. However in all that time her son has only contributed about 100 pounds a month to the mortgage leaving my partner to pay the rest plus all improvements council tax etc. Her son has recently become very verbally abusive to her leaving her at her wits end where does she stand legally about being sole mortgage payer, sole owner or even selling thank you david
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question. I am a qualified solicitor.
Do they have a written agreement about contributions and that your partner's increased contributions will increase her share of the property?
In the absence of any agreement their respective shares are as per the title deed.
Removal from the mortgage and title deed would require his agreement, and refusal of his agreement would require an application to court to force a sale of the property. However, even if he did agree to a severance of tenancy, it will be for the mortgage company to decide whether to remove him from the mortgage depending on your partner's ability to afford the mortgage solely based on their assessment.
By adding her son to the title this has created a legal interest for him in the property.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. Please could you rate my response positive if you found the information helpful so that the question can be closed.