Anyone Been In A Similar Situation?

[Dear Forum 0]

Basically my partner got divorced some years ago but never had a financial settlement for the house.

My partner moved out and the ex stayed, despite saying they would pay the bills they ended up never paying the mortgage or bills for a year and left.

My partner moved back as one of the older kids was still at home and going through a breakdown.

My partner subsequently found out about the arrears and paid them all off and the ex that'd now left kept saying he wanted off the mortgage (interest only) but my partner couldn't on paper to afford it even though they were paying it.

About 7 years ago I moved in and while my partner paid the mortgage I paid all the bills and over the years I personally have spent the best part of 15k doing the house up as it was in a sorry state.

 

We're now in a situation where we have a mortgage in principle and now we find the ex isn't signing any paperwork and will just leave it for the next 6 years to when the mortgage runs out to make us sell. Obviously he's wanting some cash, but as my partner was left with 10K of debt and as since paid that off and continues to pay the mortgage, £54,000 so far My questions are:

 

Can my partner claim the 50% of the mortgage the ex hasn't paid or any of the arrears they left?

If we're forced to sell, the equity that would be left would be £17,000 each, could a claim be made against the ex's part?

Would my substantial financial input just be ignored?

 

We know the financial settlement should've been done but my partner loves the house and neighbours and it just doesn't seem right we'll ultimately loose out at some point.

 

[silverglade5 22]

This looks to me a complex case which calls for specialist advice from a solicitor rather than on this forum, although as one of our regular contributors Jeffrey Shaw would fit this bill and if he reads this may be willing to comment.

Edited May 4, 2021 by silverglade5
amendment to text

[Dear Forum 0]

Tell Me, Trying to get some legal advice now.

Just wondering if anyone had been in the same situation.

[bassett one 449]

theres a lawyer that comes on here with advice,hope he comes on and sees it or anyone know him and a private message may solve it.

[Jim Hardie 523]

5 hours ago, bassett one said:

theres a lawyer that comes on here with advice,hope he comes on and sees it or anyone know him and a private message may solve it.

I don’t think he appreciates PMs.

 

 

JEFFREY SHAW

Solicitor with Nether Edge Law

Contact me on jss@netheredgelaw.co.uk

(not via SF private message, please!)

[Jeffrey Shaw 90]

True! PMs are a nuisance- and note that I don't handle matrimonial law anyway.

I'd recommend using someone who's better able to advise OP's partner.

[scottf 21]

I'd give Acclaimed Family Law a call, they are great in dealing with stuff like this.