Rights regarding property

[Alfondo]

Hi all,

Just over 2 years ago now my wife walked out on our marrige, debt & mortgage. I immediately transferred & started paying the mortgage from my own personal account & have never missed a payment since. we are since divorced under the simplified procedure as it was clear she was not going to respond or comply with solicitors.
Her debts were assumed by a trust deed practioner (scottish) and that will be discharged this year.
I am aware she can force the sale of our jointly owned property but my question is does she have rights to equity from the day she left? I can prove in court she hasnt paid into it since she left.

Thanks

[redcrx]

if you transfered the mortgage into your name only then i dont see why she should have any equity from that point onwards. Why didnt you sort out any equity at that point of remortgaging in your own name?

[Alfondo]

thanks redcrx,

What I meant was I transferred the standing order from our joint account with HBOS to a new personal account with the LLOYDS,

As far as the mortgage lenders are concerned there was a dispute put on the mortgage the day she left so neither of us could change any terms or apply for mortgage holidays etc, but from that moment on I can prove that I paid the full mortgage and she has paid nothing towards it since

[redcrx]

scottish rulings may be different to english. But i think you may find this is just going to be a fight to see who gives in or compromises first.
She still owns part of the house, so unless you dealt with it at time of divorce i cant see how you can prevent her going for a share in the equity

[Davethedog]

I would think that you should establish in writing how long you have paid the mortgae for and you should get a solicitor to verify that in some way. You should also make sure that you can establish she has never given you a penny.

Otherwise there is nothing to stop her coming back and saying she never stopped contributing.

Legal advice would be best I think.

[Alfondo]

its esily verified,

the mortgage payments have been paid for out of an account in my sole name, i used the same evidence to prove to her trust deed practioners that she was not paying it (she told them she was to make her outgoings look more than they were)

[redcrx]

my other half pays all of our mortgage out of his own bank account, makes no difference. Its whats on the deeds that is going to make this difficult.

[hc4361]

If the deeds (or Title Register) have you both as Joint Tenants she is entitled to half of the equity, irrespective of how much either have paid towards the deposit / mortgage.
Should you did, she will automatically own the whole property regardless of any will you have made.

It you are Tenants in Common then she will be entitled to a per centage determined by the share stated on the Register.

The mortgage is not part of her debts. It is not in arrears.