ChatterBank2 mins ago
Severing name on mortgage and deeds
In 1989,my ex partner and I bought a house using proceeds from my previous property as deposit.We were joint tenants.Both paid mortgage for 9 months ,when he left.I have continued to pay everything myself ever since-he has made no contribution at all to my life,not even child support.I now want his name removed from mortgage and deeds but he refuses-he wants to sell my home and pocket proceeds.Children are over 18 so they are not an issue as far as he is concerned.Can he do this-make a killing even though he contributed 126.00 in total and deprive my family of a home?He has not worked since 1989-a bad back!-and his flat is paid for by benefits while have worked my socks off and would be left with nothing.
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For more on marking an answer as the "Best Answer", please visit our FAQ.This is very much a case for a solicitor. I am sure you can easily prove your ex never paid a penny towards the mortgage since 1989 so much so he would have to prove payments he has paid. No, I doubt very much a court would decide in his favour although he may be entitled to 9 months of 50% of the value increase in 1989!!!
He can apply to the court for an Order of Division and Sale if you refuse to recognise he was a legal financial interest in the property.
Unless you have children living in the family home, or it is adapted for disabled requirements, the courts very rarely refuse.
He will argue that you have had the benefit of the whole house for all these years without recognising his interest in it by way of rent.
If he were in financial difficulties and became bankrupt, your home would be part of his assets, don't forget. You need to get it sorted as soon as possible.
Get the house valued and see a solicitor so you can make a reasonable offer.
Unless you have children living in the family home, or it is adapted for disabled requirements, the courts very rarely refuse.
He will argue that you have had the benefit of the whole house for all these years without recognising his interest in it by way of rent.
If he were in financial difficulties and became bankrupt, your home would be part of his assets, don't forget. You need to get it sorted as soon as possible.
Get the house valued and see a solicitor so you can make a reasonable offer.
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