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Thomas
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Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My ex partner and I have a flat on which the mortgage is in

Resolved Question:

My ex partner and I have a flat on which the mortgage is in both our names unfortunatly my ex partner is refusing to pay her half off the mortgage/bills neither of us live there but I do not earn enough to cover everything. I have informed everybody about the situation and bils have been reduced where they can be and the flat is up for sale is she in her right to do this and what can I do about it if not
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi

Are their any children of the relationship?

Tom
Customer: replied 1 year ago.


no

Expert:  Thomas replied 1 year ago.
Did you have any understanding that you would share the expenses of the property together?

Tom
Customer: replied 1 year ago.

There is nothing in writing but the mortgage needed both of our wages to be able to buy the flat

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

The key thing is that the mortgage is paid. If arrears clock up then the lender is likely to take possession of the property and sell it as quickly as they can. This would likely be for less than the market value.

They would then sue you for the money and you would not be able to get a normal mortgage again. Your credit record would be ruined and this could both cost you a lot of money. She needs to know this and you both need to come to an agreement to see that the repayments are met.

The other bills are still important but they cannot lose you money in the same way repossession can. You will have to enter in to payment plans with them.

If there is no quick sale and things look dire then you should consider dropping the price.

If there was an understanding that you would share the costs of the mortgage and expenses then you can get a solicitor to write to her explaining this and that you will sue for monies that you pay on her behalf, or that you will seek her agreement or attempt to enforce in the absence of one, a greater share of the equity. Though, claiming a greater share of the equity is complicated and can involve litigation.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6392
Experience: BA (Hons), PgDip, Practising Solicitor
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