split for 4 years with joint mortgage

[pinkspot85]

Me and my ex partner split 4 years ago. We were not married and have a joint mortgage. He lived at the property for 4 months and then moved out leaving me to pay the mortgage alone. He now wants to "buy me out" for substantially less money than what I have contributed. Am i entitled to request half of the mortgage money back for the past 4 years regardless of the value of the property??

[bednobs]

you can request, but it'll come down to whatever you can agree between you

[FrankGalvin]

This is actually quite a complex matter and so I would advise you to take professional advice from a solicitor.

A 'mortgage' is not a loan. It is simply a 'security' that the borrower grants to the lender in return for the lender lending to the borrower. So what?

Well, in your case, the effect of this, is that although you and your ex-partner share ownership and liability for the secured debt on the loan (the "mortgage"), you have assumed all the pain for paying for his/her half of repaying the debt. So he/she expects to get all the upside of acquiring 50% ownership without having to pay for it.

Morally, you should be entitled to that money back. But moral entitlement is not the same as a legal right.

Like I said...take professional advice. But I would be thinking of going down the road of seeking a court order for 'division and sale' of the property - a clean break where you sell the property and divide the amount received, or sell your share to him. But I think that, depending on the circumstances you could also claim damages for your losses.

What were the circumstances of the separation? Did your partner leave voluntarily?

[bednobs]

however, as he has not been living there, i can't really see why you would be awarded 1/2 the mortgage money back - after all if he had been living there and you hadn't, you wouldn't have wanted to pay 1/2 for a house you had no benefit of for 4 years. Also, is he offering you less because the house is now worth less than 4 years ago? If the value has gone down substantially, you shouldn't expect to get what you have putin maybe?

[ummmm]

You can try but it's unlikely. In reality you'd have to pay mortgage/rent regardless of having a partner or not. You've had the privilege of having the house to yourself for the last 4 years. Paying for that is a fact of life and happens to the best of us...

[cassa333]

Good grief how much must a morgage be to get less in a sale than you have paid?

You would not be entitled to any payment in respect of morgge payments. Why don't you ffer to buy him out?

[Dris]

Strangley enough cassa my daughter bought a flat ploughed -best part of 20k into renovating it -was valued favourably at the time its now worth 1k more than she paid for it.:(
It happens.
pink spot -in a word no -you are only entitled to the market value.I dont think it would be even fair to claim back the mortgage paymenets or half them as I assume he has had to pay to live somehwre.Life sucks -best just to move on -its too short quibbling.
Good luck.