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Harris
Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a mortgage in joint names.The property is up for sale

Customer Question

i have a mortgage in joint names.The property is up for sale by court order.I have paid all mortgage payments,solely,since 2011.The joint owner refuses to acknowledge this fact.
We are close to a settlement.My bank have offered me a mortgage promise of £90.000,my ex partner wants £109.000.A difference of £19.000.If she was to take into account i have paid her half the mortgage for the last 7 years the matter is closed.
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Is there any legal way i can reclaim the payments i have made on her behalf.
Submitted: 1 year ago.
Category: Property Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Are/were you married?

-Was this not clarified in the order for sale - can you attach it using the paperclip icon as it will be helpful to see it?

-Are there any formal agreements or deeds of trust regarding your contribution?

-What is the value of the property and outstanding mortgage?

Customer: replied 1 year ago.
In response to your reply:I am in England.We were not married.The order of sale states the property ,when sold,will be split with 50% to each party.When i agreed to the sale,I foolishly never realized i was agreeing to losing the payments i made on behalf of my partner.The claimant has stated she has not made any contribution since2011.The property was valued at £375,000.No offers were received at this price.A firm offer of£315,000 has been lodged.There is a mortgage of £85,000 on the property.The bank have agreed to loan me £90,000[after the existing mortgage is paid].After all the fees we are £22,000 apart from reaching an agreement.If the payments i made were considered the matter is closed.Legally, after the sale, can i pursue my ex-partner for the mortgage payments?She now lives in Spain[she has been a resident since 2009].
Expert:  Harris replied 1 year ago.

Thanks for confirming. In terms of the legal position, without a formal agreement that you will have an increased share of the property due to your contributions, legally you are both only entitled to what you hold on the title and this has also been reflected in a court order. You therefore would not be entitled to seek an increased split of the equity.

Furthermore, you should be aware that she would have been entitled to claim what is called occupation rent since her exclusion from the property - this is because she would have contributed to repayments but not enjoyed the use of the property. However, any claim that she makes can be cancelled out by the mortgage repayments you have been making.

I appreciate that this may not be the answer you would have hoped for but if you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.