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partner leaving the country - mortgage? :o(

  • bjj0002
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28 May 10 #206293 by bjj0002
Topic started by bjj0002
Hello all,
I have found my in a very difficult situation that I don’t wish on anyone. To cut a long story, my partner has decided to leave to go round the world for a year with her ex after 3 years with no excuse.
We have been together for 3 years and had a mortgage on a house for the last 11 months. It is a joint mortgage, everything has been 50/50. We are not married. She has told me she wants 25-30k to be bought out. We bought the house for 175k 11 months ago. And she thinks it is now worth 240-250k (I know!). All bills in anything over approx 180k will be profit. But realistically the house is worth 200k max.
Important to note all communication has now broken down and only option I see is to go through solicitors but as she is due to leave in 4 weeks, this will be a long winded battle.

She has stopped paying for the mortgage and I have couple of questions. I am now in a situation where the I will have to pay all the mortgage + bills, if I continue to pay her half of the mortgage and have proof she is not contributing one penny (statements etc.)

a) can this be taking off the final settlement figure (if and when the house is sold)?

b) if I have several independent valuations of the house, will she not be entitled to the increase in equity (i.e. 20k in year) as she has not contributed to the mortgage during this time?

c) she has took all furniture out (admittedly she has paid a little more than me to furniture, but I paid for all the necessities (food, transport utility bills). Due to being in a civil relationship - after 6months everything is half - so am I entitled to make a claim for this in final stages? (Currently living in an empty house!) - what proof is require the furniture was there, pictures?

d) Will it be a good idea to send a solicitor letter out to her every month requesting payment and that she is not entitled to any increase in equity until the mortgage is paid for.

e) Is there any law that if someone stops paying mortgage and leaves the country for a period of time can I do anything – any law to protect someone disappearing? Moving country etc.

Thanks for any help in this difficult time and believe me when I say all thoughts / advice and guidance is greatly appreciated.

  • Tets
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28 May 10 #206306 by Tets
Reply from Tets
As you weren't married you are not covered by the laws governing how assets are split on divorce.
It is up to you or your previous partner to agree how assets will be split. If you can't agree one will have to take the other to court for the money they believe they are owed.
With regards to her not contributing to the mortgage. She may argue that you owe her half the mortgage payment as rent for occupying her half of the house, so you paying the full mortgage is fair in lieu of the rent.

  • bjj0002
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28 May 10 #206307 by bjj0002
Reply from bjj0002
thanks for response, so if someone moves to another country there is nothing one can do. I'm not living in the house ATM so she cant go down that route / excuse.

  • Lostboy67
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28 May 10 #206315 by Lostboy67
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If she is leaving in 4 weeks there is little chance of getting anything sorted out unless it is by agreement. Have you had a valuation on the property or are the valuations you have quoted based on guesswork ? What figure do you think is reasonable for you to buy her out, maybe you could come to some compramise between these two figures, really though you need an acurate valuation to know where you stand.

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