at my witts end......joint mortgage problems

I am not married, was with my ex partner for 8 years. We have a 7 year old daughter and seperated 2 years ago.

We purchased our property through the right to buy scheme 3yrs ago. As it stands there is no equity in the home as if we sold we would need to repay the council discount. If we sell in 2 years they could be a considerable profit.

Since leaving 2yrs ago my ex has not contributed to the mortgage. When he left he claimed he wanted no share of the house, however he has now changed his mind.

The mortgage company wont remove his name from mortgage and I cant afford to remortgage.

Can he continue to try to claim he owes half if he is not financially contributing?

Would seeing a solicitor to try and get him to agree to a seperation agreement be a wise move?

Gemki
You need to legally get an agreement.
This has come up to bite you in the rse now so that's why I would get the divorce sorted at least that way you can't get bitten again.
With dependent children and him not having made contributions you'll certainly have a very good case to argue for him getting nothing to a very minimal amount of any equity share.Also if he's joint mortgagee he should pay half the mortgage he can't have his cake and eat it.
All the best
Pete xx

Thank you. So from what I can gather the payments I have made on my own will get deducted from anything he may be entitled to?

Not necessarily. You have the benefit of sole occupation of the property which complicates the matter somewhat.

You could make plans to stay in the property and obtain a Mesher order which will defer sale until your child reaches 18 or leaves full time education. If the equity in the property (once the penalty period expires) is not enough to rehouse both you and your ex, the court will look to rehouse the child and resident parent first. If the property is not too large for you there is no reason for you to move.

Charles

It's not that straight forward. Because you weren't married divorce law does not apply and you need to rely on complicated property law. When a property is held in joint names it is assumed that it is owned in equal shares unless the deeds state differently.

You would be well advised to see a solicitor to find out where you stand and what options there are. It can be expensive litigating in these cases so it's worthwhile trying to negotiate/mediate to resolve any differences.

Oops, I think I was getting confused whist reading a few posts. Of course, the Mesher order would not apply. A property adjustment under Schedule 1 of the Children Act might be appropriate subject to a deferred charge in the father's favour could be an option.

Charles