Q: My ex-boyfriend and I separated 2 years ago. I left our house and he has carried on living there and paying the mortgage ever since. I have let this continue whilst I was sorting out my life but now I want to draw a line under everything and conclude things financially. However, he is refusing to sell the house or give me any money. He says I’m not entitled to anything because he pays the mortgage. What can I do?
A: Without more detailed information about various factors concerning your relationship and the property itself it is very difficult to provide one answer, but the likelihood is that you are entitled to some equity from the property.
Assuming the property and mortgage are in joint names it is imperative that your name is removed from the mortgage, as to keep your name on the mortgage exposes you to financial risk and possible bad credit scores that may impact upon your ability to obtain another mortgage in the future.
Whether you are entitled to any money from the property depends on many different factors, including the amount of equity in the property and the respective contributions made by each of you at the time of purchase, as well as how you may legally hold the property with your ex and what, if any, agreements have been made between you previously.
For your own protection you must not allow the situation to drift any longer and should take urgent legal advice. If your ex cannot ‘buy you out’ and remove your name from the mortgage, the property may need to be sold. If he refuses to sell, a Court Order may be required. Even if the property and the mortgage are in your ex’s sole name you may still be entitled to some settlement monies from him if you have created a legal ‘beneficial interest’ whilst living at the property.
This question has been answered by Deon Hayward, a Solicitor with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194
