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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 ex partner and myself split in 2012. We co own the property

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My ex partner and myself split in 2012. We co own the property as tenants in law and were hoping to sell the property. He has continued to live in the property and paid the mortgage which is in both our names. The mortgage was taken out originally for £75,000 which he has always paid (£500 a month)and I paid the rest of the cost of the house(£425,000), when we bought the property. I had legal advice at the time of the separation but was not able to find an agreement with him and he now says he can't move out because of his credit rating ( he didn't pay the mortgage for 4 months and incurred a large debt with a solicitor previous to our split) and the house is no longer in a fit state to go on the market and he doesn't have the money to make any improvements that it needs. I have realised since our split that he is unfortunately, a narcissist and trying to find a resolution with this sort of character is extremely difficult.
Will the fact that he continues to live in the house and pay the mortgage make any difference to how the value of the house will be divided when it is finally sold?
Many thanks,
Hi, thanks for your question. Please confirm if you are, or were married and if you have children together? If not, and unless there was a formal agreement or a deed of trust in place which makes it a condition that his contributions increase his share of the property, then no - him staying in the property and paying the mortgage will not increase his share and he will only be entitled to a share of the equity as it is held on the title - so if it is 50-50 as tenants in common then this is how proceeds of sale would be divided upon sale. Please let me know if you have any further questions about this. Please provide a positive rating if you found this helpful. I will not be credited for answering your question without a positive rating. Thank you
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