Help with where my partner stands with his mortgage & his ex

[Doryfish]

Hi,
My partner brought a house with his ex 10/11 years ago. He paid the deposit & the mortgage until he was made redundant & was out of work for 3 years & the government paid it. His ex left him for another man & when he got a job he continued paying all of the mortgage payments. I don't think his ex has ever contributed much to the running of the house & has never paid towards the mortgage, but they are joint owners. It's been 3 years since she left & she is still on the mortgage. We are thinking of buying a house together but need to know where we stand with regards to his ex wanting money. There are 2 children involved who he pays for & sees regularly.
I'd be very grateful if someone could advise where we stand. Thank you

[bednobs]

it will probably be whatever they decide between them - he'll have to talk to her about it because if she is a joint owner, she'll have to agree. I take it she doesn't live there? BTW i wonder if he's telling you the truth - the government don't generally make mortgage payments, although i think they will pay interest payments. Also, if he sells i wonder whether the government will want the payments they made back out of the equity?

[888sally888]

Knowing the madness in this country she will get half (unfairly)

[murraymints]

If she is still co owner then she owns half the property and presumably the debt...so division of assets will have to be negotiated...if your OH can provide hard proof of his paying mortgage and bills etc then that is in his favour...good luck..

[rockyracoon]

I'd be inlined to try to get her to come off the mortgage (if the bank allows it) and give her a payoff, that way he can sell when he's ready without pressure from his ex wondering how much equity is there.

[murraymints]

not just off the mortgage but more importantly off the title deeds...a disposition of her half pro indiviso share of property will also need to take place or she wil be debt free but still legal owner to her share of property...would be the way out if she is amenable...

[Doryfish]

I think she's wanting a hefty amount that he just can't afford. We live 130 miles apart though so he's wanting to move down here to us. She won't even move the rest of her things out of the house & she's not lived there for 3 years. She walks in whenever she feels like it too.

[Doryfish]

Thank you for the replies so far :)

[hc4361]

murraymints is right.
He can't sell the house without her permission - she is as much an owner as she is, and the fact that their children live with her will very much go in her favour.

Without children she is entitled to half.

[bednobs]

of course she walks in when she feels like it and leaves stuff there - it's 1/2 her house

[Doryfish]

Half her house that she has never paid a penny for.

[hc4361]

Doesn't make any difference. Her name is on the Title, presumably as joint tenants.
In fact if that is the case, if your partner dies today his ex will be the sole owner of the whole house to do with as she wishes. That would apply if you were living in that house.

[bednobs]

but you are only giving us 1/2 a story. I presume if there are 2 children involved, she couldn't work while she was looking after them? So she has contributed to the household and family life in that way. When you make children together, you are a partnership. When courts get involved in splitting of assets, they don't take into account who is to "blame" for the relationship break up either. Really your best bet is to negotiate with her first

[murraymints]

Dory..yes..if her name is on the deed it is half hers.....but equally so is half the debt if she is on the mortgage...he needs to see a solicitor and start negotiating a division of assets...proof of who paid what is also looked at...particulary after she left the property..who and what was contributed to the matrimonial home while in a relationship also looked at.as long as any kids under 16 have a home with her now then he can push for a sale as he will not be making them homeless...but.....BUT...she could move back in with kids at any time and really put a jankers on things...he needs proper legal help NOW...

[tamborine]

Change the locks then so she cant walk in. Ex wife deserted marital home so has no right of access; tell that to mortgage company to get mortgage into partners name. Sell property & let ex sue for her share.

[hc4361]

It's not just the marital home though, Tamborine.
She is a joint owner, your scenario applies if the property is in his name only.

[tonywiltshire]

Your partner was probably paid the standard rate of interest on mortgages (not repayment of the capital sum) if he was in receipt of income based job seekers allowance, he will not have to repay these interest only payments.
With regard to the property if two people are the legal owners, the agreement of both will be needed to sell the property, although if there is a dispute either owner can apply for a court order to decide how the property sale should be dealt with.
The major point here is negotiation, as has been stated by others, ask your partner to come to an arrangement with his ex-partner and co-owner of the property in how the sale will be dealt with, unless they agree there could be a problem. Even though your partner claims to have made all the mortgage payments, even if his ex-partner agrees to be removed from the mortgage documents the provider of the mortgage will have to agree.
His ex-partner may also feel she has made a contribution towards the mortgage payments by looking after the house & children.