How can I help my partner settle a joint mortgage dispute with her ex?

Wednesday, 16 March 2011 12:26

Put your questions to our mortgage expert, Mike Jones, from Lloyds:-

Michael from Gillingham asks: 

This is a question for my partner. She was in a relationship since Aug 97 he then left in Dec 2004 since then he has not contributed to the mortgage in any way. I have been with Jackie since Sep 2008 and have helped with the payments we now want to have him removed, but he wants £15,000 has he any rights to this?

Mike answers:

I appreciate it is a difficult situation, Michael, and good dialogue is really the best solution here. The legal position is that the property continues to be jointly owned by your partner and her ex and he is entitled to a share of any equity (the value of the property less the mortgage amount) in it. But equally, they remain jointly responsible for the mortgage payments. So a deal needs to be struck, and really the best recourse is reasonable dialogue. The amount to be paid to your partner's ex to buy out his equity interest should reflect the fact he can only be released from his obligations under the mortgage with your partner's agreement. However, it will also reflect your partner's desire to have the matter resolved as quickly as possible. In other words, each party has a different negotiating strength and weakness. Your partner should consider taking professional legal advice on how to reach an equitable agreement with her ex.

If you have a question for Mike, go to the Ask the Mortgage Expert section.

Or for more information on your mortgage options go to Lloyd's mortgage site.

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