My ex wants us to sell and get 50% of the property. She's not paid anything for 7 years, can she do this?

Posted on 2 June 2013 by G Stanton


My ex wants me to sell the house which is in both names. She wants 50/50 but she hasnt contributed to mortgage in 7years, though still stays here in a seperate room. Can I charge her rent for this period, is she only entitled to value of house as it stood 7 years ago? She hasnt paid any council tax either, and  therefore she is living here for free. I can't get her out because her names on door. I live in Scotland.

Mr Stanton,

This is more of a legal question than a mortgage one, and there's not really a straight or an easy answer. If you could afford to, and there was sufficient value in the property, then you could do a 'transfer of equity' and offer to buy out her share of the property, which would mean that you wouldn't have to sell up. I'd recommend though that you firstly talk to a solicitor to get a better idea of exactly how much she could be entitled to, before deciding eaxctly what to offer.

Once you've taken legal advice, if you'd like to find out more reagrding your options for a 'transfer of equity', then please let me know and I'll arrange a convenient time for you to talk to one of our consultants.

Regards,

Simon

simon.collins@johncharcol.co.uk

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