ownership rights

[KOPFILE]

• my fiance and i recently bought a house (6 months ago) but we split up due to her infidelity. i pay the mortgage out of my bank account and she moved out a month ago. the house is in our two names and i'm in ireland what are my rights in gettin the house in my name no deposit was used in the purchase of the house

[Loosehead]

You will have to work out how much it's worth call that W then work out how much is owed call that O. Now workout how much she hasn't paid you for the mortgage ie half the mortgage payments you have made since she moved out call that M. Then

E = W - O (the equity)

divide E by 2 and subtract and then subtract M. the result is what it should take to buy her out. See a solicitor about arramging transfer of equity and get permission from the lender.

[Golden Shred]

Presumably you have raised the question because your ex will not agree. The answer is that you have no rights. However, to resolve the impasse either (a) stop paying the mortgage and force the lender to repossess and sell the place (if there is a surplus it will be divided 50/50 between you and if there is a shortfall you will both be chased for it) or (b) if you are in a joint tenancy with your ex send her a letter terminating the joint tenancy (she cannot oppose) and substituting a tenancy in common. This will be a 50/50 TIC. Then you can apply to a court for an order to sell and the proceeds divided accordingly because the members of the TIC cannot agree on its management (these orders are never refused). The best option is (b) because you are in full control of the sale (although the legals will cost �750 - �1000). You will be wasting your time and large amounts of money if you attempt to go for anything other than a 50/50 split.