Share of Sale

Posted on 28 February 2011 by julie


My fiancee has a flat that he bought 4 years ago with his then girlfreind. They bought the flat together and took out a mortgage but she didnt pay anything towards the deposit and has never paid anything to the mortgage as she didnt have a job. 6 months later she moved out. he has now moved in with me and is now looking to sell the flat which is worth less than they paid for it, or to rent it. but would his ex be entitled to half the rent even though she has never contributed to the mortgage? I presume she would have no claim if the house was sold, as it's in negative equity by £35,000, so there will be no profit!

Julie,

My understanding is that your fiancée's ex would be entitled to a share of the rent as she is joint owner, but I am not a legal or tax expert and we cannot give any advice on this matter. I recommend that you speak to a local Solicitor about this.

Similarly, common sense would say that she would be liable for half of the outstanding mortgage debt if the house was sold but only a qualified legal expert can give you the advise you require.

Peter

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