Re:Is she legally obligated to pay half the mortgage?

Hi all,

My partner currently owns a house with his ex which has been on the market for over a year. Since she moved out 2 years ago he has paid all of the mortgage and bills while he's remained living in the house.

She refuses to pay any of the mortgage but she still wants 50% of the proceeds when it sells. Is she legally obligated to pay half of the mortgage costs at the moment? He's really struggling financially at the moment due to the high mortgage payments, the house is still in both of their names and they were never married.

Thanks in advance.

In a word - no...

If the mortgage payments are not met, then the mortgage provider can chase both parties for payment.
As he is in the house and she isn't she could ask him for occupational rent for enjoying her half of the house.

Although, depending on court/judge/stubborness etc, your partner could claim that the money paid by him in the last two years should come back to him and she should not get a share of that, but the rest of the money should be split 50/50.

However, I know the law is slightly different for cohabiting couples rather than married couples, so hopefully one of the legal bods will come along soon and give you more details.

Best of luck
K