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can ex partner clime half the house

abergavenny65
by abergavenny65 19 February 2013  |  Comments 12 comments  |  Love Love  0 loves

my ex & i split up he hasnt payed in to the morgage for over 4 years if i sell or decide to keep it for a few more years can he clime half the money he has all so wrote a letter saying he wants nothing to do with the house & hasnt payed in to it & is willing for me to keep it. we have tryed to take his name of but thay say my ernings are not enough al though i can afford to pay it

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Comments (12)

  • MikeGG1
    Love rating 909
    MikeGG1 posted

    Keep that letter very safe. He might change his mind or be persuaded by someone else to change it.

    Has your mortgage provider indicated how much the shortfall would be on the mortgage that they would allow? Would they allow a guarantor to cover the difference? Do you have anyone who might stand as guarantor? Or do you have anyone who might share a new mortgage with you?

    You need to resolve the situation as soon as possible in case he changes his mind or someone persuades him to do so.

    He would also find it difficult to get his own mortgage while his name is still on yours.

    Mike

    Posted on 19 February 2013 | Love Love  0 loves Report
  • Arblaster
    Love rating 43
    Arblaster posted

    can ex partner clime half the house

    He could clime most of the house if he has an ordinary ladder. If he has a cat ladder, too, he should be able to clime to the top.

    Posted on 20 February 2013 | Love Love  0 loves Report
  • figgyL
    Love rating 0
    figgyL posted

    He can claim or climb!!!!!!

    Posted on 20 February 2013 | Love Love  0 loves Report
  • RodToon
    Love rating 0
    RodToon posted

    Arblaster

    Shut your face!

    If you can't make constructive comments the don't bother!

    Must be nice to know how to spell.

    You Ahole

    Posted on 20 February 2013 | Love Love  0 loves Report
  • Arblaster
    Love rating 43
    Arblaster posted

    @rodtoon

    No, but you shut your face.

    What a miseryguts. You must have real money problems.

    You're not tough.

    Posted on 20 February 2013 | Love Love  0 loves Report
  • rich52
    Love rating 0
    rich52 posted

    What if it was the other way around. If the ex wife left the house, hasn't paid towards the mortgage since she has gone and after the divorce is finalized ? and I am still paying the mortgage. Is she still entitled to half the house when it is sold?

    Posted on 20 February 2013 | Love Love  0 loves Report
  • MikeGG1
    Love rating 909
    MikeGG1 posted

    Rich52

    The ownership of the house should have been part of the divorce settlement. Check with your solicitor.

    It doesn't matter which way round it is. It makes a difference only when there are children involved.

    I had assumed abergavenny65 was not married.

    Mike

    Posted on 20 February 2013 | Love Love  0 loves Report
  • time2go
    Love rating 68
    time2go posted

    For what it's worth-

    Arblaster - Your response put a smile on my face.

    Although it is possible that abergavenny65 may be anxious about their finances and may not be in a humorous mood???

    ...but, is there any need for anyone to tell anyone else to 'shut their face'?

    Posted on 20 February 2013 | Love Love  0 loves Report
  • galiffrey
    Love rating 0
    galiffrey posted

    My Advice to you is:

    a. find out when you can remortgage

    b. when you remortgage go for interest only

    i was in the same suitation as you when i was told to remortgage using interest only as i didnt want to sell up or move out

    keep his letter stating he does not want to have anything to do with the house in a safe place,as this could change when he relaises the value of he house if sold

    Posted on 21 February 2013 | Love Love  0 loves Report
  • Nalakatz
    Love rating 3
    Nalakatz posted

    Hi Abergavenny65 - you need to sort it legally. You need a financial clean break contract which says neither of you will have any financial interests in each other. My ex signed the house over and we did it through solicitors, he didn't want anything (he took a £20,000 truck with him when he left).

    I had the title deeds and mortgage in my name and he came back four years later asking for some money (spurred on by his new partner). I am now dealing through solicitors 2 years on - and all because I never got a financial clean break contract in place.

    Get some legal advice - solicitors usually give the first half hour free!

    Posted on 24 February 2013 | Love Love  0 loves Report
  • misswolves
    Love rating 3
    misswolves posted

    Difficult to give a full answer as we don't know your exact circumstances. For example, if you have children together they are a primary consideration of the courts when dividing assets.

    I would certainly go and see a solicitor as soon as possible, because whilst your letter from him is evidence of his intentions, it isn't legally binding in any way and the last thing you want, when settled in the property, maybe in 20 years time, mortgage paid off, is a claim for his interest in the property.

    In addition, you need to consider if he falls on hard times/ debt whether his interest in the property could be used by the banks/ courts.

    Posted on 24 February 2013 | Love Love  0 loves Report
  • yocoxy
    Love rating 152
    yocoxy posted

    You need to get him off the deeds. If he remains on there he maintains his share of the property at the point he stopped paying. He'll also get any future increases in value. The only way to be rid of him is to get him off the deeds.

    You won't get an interest only mortgage these days so I'd recommend seeing a mortgage advisor. They'll know what you can get. If you can't afford a mortgage you may have to accept selling. Once any equity is banked, you can buy a property that you can afford and you'll be free of him.

    Posted on 24 February 2013 | Love Love  0 loves Report

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