Ex partners rights

[scoobydb]

My daughter and her now ex partner (unmarried) took a joint mortgage out about 12 years ago. Her partner left the home several years ago and never paid anything towards the outstanding mortgage. My daughter now wants to sell the house (it's still in joint names) and I'd like to know the legal position over his entitlement. Should his entitlement be based on the value of the house when he moved out or the current value?

[redcrx]

she will need his permission to sell the property and remove his name from mortgage as far as i know. If he does make a claim he may be entitled to half the equity as it is at the moment.
with any luck he will be honest and not try for an interest in it as he hasnt contributed.
Try asking this over in the law section, plenty of clever minds over there.

[Beanmistriss]

my cousin was in th same position. His ex-girlfriend got a half share even though she'd only lived there and paid half the mortgage for a year and he'd been there for about 8 years.

[Beanmistriss]

Just to clarify they broke up after a year of living together not she moved in after he'd lived there for a bit.

[Kgrayz]

I was in this position 2 years ago. Me and my ex bought a house in joint names, had a baby together and 9 months down the line he left, just walked out. I carried on paying the mortgage, life insurances (in joint names), every month with a struggle, after 16 months I decided to sell up as me and my new partner were buying our own property together. I had to have my exs permission to sell the property which he agreed to straight away, (this was all through the solicitors). He was entitled to half of the equity, but I fought tooth and nail to get back what I had paid. I had to prove that I had made the payments each month which I did from my bank account which was in my own name as when he left I cancelled the joint account straight away. Lucky for me my ex agreed that I have back the mortgage payments and insurances out of the equity before the remainder was split 50/50. But by law the equity from the sale of the house should be split 50/50.