News0 min ago
Ex partners rights
My daughter and her now ex partner (unmarried) took a joint mortgage out about 12 years ago. Her partner left the home (plus many outstanding bills) several years ago and never paid anything towards the outstanding mortgage nor the children. My daughter now wants to sell the house (it's still in joint names) and her ex partner is not disputing this. However they cannot agree on the amount he should receive. Consequently 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, the current value or the value of his contributions? Also should the outstanding bills which were left and the unpaid child support be taken into account?
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i had a similar problem with an ex partner about 9 years ago, she had moved out and i carried on paying mortgage, bills loans etc everyhtign we had run up as a couple, she contributed nothing for 2 years, When we came to sell the house i had to give her 50% of the house value regardless of the fact that she never contributed as she was joint owner.
whether its different in your daughters case im not sure a smine was 9 years ago and no children involved.
whether its different in your daughters case im not sure a smine was 9 years ago and no children involved.
Well how much is he asking for ? He is a joint owner of the property regardless of the past, and I would say that he is entitled to 50% of the equity, I know it doesn't seem fair but, joint names means joint names. If she put in a lump sum that was made before the relationship that might have some bearing but after twelve years its unlikely.
Mind you I just notice that she has children, presumably by him ... that might make a difference as she will have to have enough to have a decent home .. mind you why is she selling in that case ... anyway she needs to get some legal advice but its best to try and agree and not let the equity get swallowed up in legal fees.
I agree with lady_p regarding the property.
It doesn't matter whether he has paid into the mortgage, bills etc. He is a joint owner and entitled to an equal share. My husband found this to his cost, as his ex wife has left a month into their marriage.
As for unpaid child support, I doubt this can be back dated. Has your daughter applied to the CSA for maintenance? back dated payments are usually only taken from the time of the application...ie if an assessment is made and after 6 months nothing has been received, he owes 6 months payments.
It appears that there will have to be a substantial cost in legal fees/court costs as there are two separate issues here which probably won't be settled on their own.
It doesn't matter whether he has paid into the mortgage, bills etc. He is a joint owner and entitled to an equal share. My husband found this to his cost, as his ex wife has left a month into their marriage.
As for unpaid child support, I doubt this can be back dated. Has your daughter applied to the CSA for maintenance? back dated payments are usually only taken from the time of the application...ie if an assessment is made and after 6 months nothing has been received, he owes 6 months payments.
It appears that there will have to be a substantial cost in legal fees/court costs as there are two separate issues here which probably won't be settled on their own.
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