Posted on 26 July 2010 by Tracy
I split up with my ex partner 4 and a half years ago - he left the flat that we have a joint mortgage on. Since then I have had no contact with him. He has not helped with any mortgage payments or repairs etc. Recently he contacted me and asked about selling the property so that he can have his half of any profit made. Will he be entitled to half or anything at all?? I heard he has been travelling around australia whilst I have been struggling to pay the mortgage. For all he knew the property could have been repossessed!? Luckily I have been able to pay the mortgage in full and on time every month, but I dont feel that he should be entitled to half of the profit when he hasnt paid a penny in over 4 years. The profit from sale would only be in the region of about £10,000 (minus legal fees, estate agent fees etc!)
First of all, do you want to sell and is it worth doing so? If the property is owned in your joint names, which I presume it is as you have a joint mortgage, you will both need to agree to any sale and as you have pointed out, there may not be a lot of money left after the mortgage has been repaid and all expenses paid.
If you do sell then your ex partner may be entitled to some of the surplus sale proceeds, but in light of what you have said I doubt that it would amount to half. The amount will depend on the extent to which he contributed to the original purchase, whether you purchase as joint tenants or tenants in common and how much they have contributed to any maintenance or upkeep since then.
You really need to take independent legal advice and I recommend that you do this or at least speak to Citizens Advice before you next speak to your ex partner. It is very likely that they will also be taking legal advice and without representation you could be in a very vulnerable position.
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