Call us on 0344 346 3672
or arrange a callback

Can my ex claim for the equity even though I'm the one who's paying the mortgage?

Posted on 1 May 2013 by Nigel


My ex walked out on me 2 years ago, and she carried on paying £200 towards a £600 mortgage for a further 4 months. Since then i have paid the mortgage myself to date. She is trying to say she is entitled to the equity value todate or am I able to claim the 19 month extra where she didnt pay?

Nigel,

This is more of a legal matter than a mortgage one, and you would need to speak to your solicitor about this. As far as the lender is concerned all joint borrowers are "jointly & severally responsible", which is to say that both of you are qually liable for the mortgage payment, irrespective of any agreements you may have with your ex-partner. We can certainly help with a 'transfer of equity' once you've agreed on a split of equity.

If you don't have a solicitor, then let me know and I can arrange to put you in touch with one.

Regards,

Simon

simon.collins@johncharcol.co.uk

More than mortgages, talk to me about:
Financial Protection | Investments | Personal and Corporate Pensions | Home Insurance
General Insurance | Valuations | Conveyancing | Wills | Home finders

Answers provided in response to Ask the experts are based on the information provided and do not constitute advice under the Financial Services & Markets Act. They reflect the personal views of the authors and do not necessarily represent the views, positions, strategies or opinions of John Charcol. All comments are made in good faith, and John Charcol will not accept liability for them.

We recommend you seek professional advice with regard to any of these topics where appropriate.


Legal

YOUR PROPERTY MAY BE REPOSSESSED IF YOU DO NOT KEEP UP REPAYMENTS ON A MORTGAGE OR ANY DEBT SECURED ON IT.

John Charcol is a trading name of John Charcol Limited and its Appointed Representatives. John Charcol Limited is authorised and regulated by the Financial Conduct Authority. The Financial Services Register number is 665649. Registered in England No. 9157892. Registered office address for John Charcol Limited is 5th Floor, Cutlers Exchange, 123 Houndsditch, London, EC3A 7BU. The FCA does not regulate some investment mortgage contracts. Calls may be recorded for training and monitoring.