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Mortgage Query

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unknown20 | 23:01 Wed 05th Dec 2007 | Law
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I am in the process of splitting up with my girlfriend and our house is currently for sale. I lived in the house for 7 years prior to her moving in. We put her name on the mortgage abot 18 months ago but she has never contributed financially towards the mortgage. Is she now entitled to half because her name is on there, or will I be ale to claim more because I can prove that I have made all the payments?
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speak to a solicitor.

My fella lost half of the quity in his house to his ex even though he'd bought it, lived in it and refurbed it for 4 years before she moved in. She didnt pay towards the house after she left either.

A solicitor will cost but may also save you money if you cant agree on a settlement with her.
Please clarify. Are both your names registered with HM Land Registry as owners/proprietors?

Hard lesson to learn. When more than one individual jointly buys property (and it is not a marriage or civil partnership), everyone involved should sign a document drawn up by a solicitor to specify how ownership is shared and what happens in the event when one wants to sell.

Out of interest, what was your intention at the time of "putting her name on the mortgage"? To make her part owner or to make her share the cost?

You need to feed a shark PDQ.
That is a fair point.

Are you tenants in common or joint tenants? I also thought that mortgage companies were reluctant to put names on a mortgage unless they were also on the title deeds.

I may be wrong though.
Is it an amicable split? Are you on good speaking terms?

In theory, I think she's only entitled to half the equity increase since the date she moved in.

i.e. if it was worth �100k when she moved in, and you had �80k left on the mortgage, and it's now worth �130k with �70k left on on the mortgage, the equity has increased from �20k to �60k, so a �40k increase, in which case she'd be entitled to �20k.

If you can prove she hasn't contributed to anything (bills, food, mortgage), then you might be able to recalculate this value taking off the amount that she should have paid (half mortgage, food, elec, gas, counciltax etc... over X years since she moved in)
im not involved with the law but im a woman answering this and i think you should be able to tell her were to go!! if you have paid all the bills/mortgage etc then she shudnt be entitled to a penny im affraid! too many women these days get an easy ride and give us hard working women who DO pay there way a BAD NAME!! i wish you luck for the future..
i am going thr a similar thing at the mo, although the property which is now in my sole my (ex transfered it to me on proviso i redeemed him of his mortgage, which i did) he then decided a year after transfer he wanted some money from me and is trying to claim a beneficial interest thru the land reg, it goes to tribunal in feb 08. the property used to be in his sole name before he transfered it to me, i also have a letter from him saying that he was transfering to me for �x, he is now denying signing this letter. any comments welcome

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