seperation and mortgage

[beverleyflos]

11 years ago i got a mortgage with my partner in joint names, the relationship lasted only 11 months, since then he has had no involvement in the property whatsoever. i have since been married and my husband and i want to remortgage but my ex partner has suddenly decided that he wants to take legal action to see if he can receive anything from the property that he has had no financial or other interest in for the past 11 years. what is his and my legal position

[fifi1962fifi]

Hi when i split from my partner i moved out, and had to find somewhere else to live my ex asked the same question as yourself ,as of course, i wasn't paying the mortgage - we weren't talking years though only months

The solicitors both, his and mine explained that because i'd had to find somewhere to live during to the seperation (i rented) and that had obviously cost me the same money as it would have cost had i paid half the mortage then i was entiltled to half the proceeds.

This is probably not what to want to hear, but every one asks the same question..it might be different as you've been split for such a long time, you'd best see a solicitor...could you not offer him an amount to get him off your mortgage???

[lady_p_gold]

Well I am assuming the property is in joint names also, and that means that both of you own all of it. If you cannot agree on how much you want to pay him, then either you can buy him out, or he can buy you out, or if you can't agree it will mean solicitors getting involved. Obviously the fact that he has had no financial input into the property would be taken into account in the event of a legal dispute. Best to get him off the mortgage and get the house in you and your husband's joint names and move forward as soon as possible. Good luck