Mortage back payments since the split

Hi. Hope you can help...

My current partner's marriage broke up in August 2006 when his estranged wife decided to be with someone else. In January 2007 she moved her new partner into the matrimonial home and they have been living there since. She works 24 hrs a week and her partner works full time.

My partner offered maintenance on 3 separate occasions but his ex always refused - until now. However, he has always supported his child through CSA payments.

His ex is now trying to sell the matrimonial home to her current partner at a knock down price (£50k less than the market value), and is trying to force a sale by suddenly deciding that she wants back half of all mortgage payments to date. Additionally her father is saying that he has been paying secured loans against the matrimonial home (probably for reasons of benefits because my partner's ex has not declared that she is living with someone) and he is also chasing my partner for £5k through solicitors. He claims that he 'lent' this money to both parties since the split. This is not exactly true, as my partner did not ask him to make the payments, nor did he enter into a contract for him to do so.

So basically, what we've started to question is if my partner is forced into selling the matrimonial home on their terms to keep the solicitor letters away from the door, is he obliged to settle past mortgage payments and secured loan payments? His ex is very determined that my partner should walk away with nothing but debts. She doesn't let him see their child either. A divorce is impending.

His ex and her new partner have went ahead and bought a new house (on the strength of the matrimonial being sold) so they are now desperate to offload the old home. However, she has proven that she has been in a financial position to pay the monthly mortgage until now - even though she is still in receipt of legal aid.

Does my partner have to pay everything back? We know that this question will be regardless of whether or not she moved someone else into the house.

Any advice appreciated!

Hi there,

It really does not matter who paid the mortgage prior to anything being put before the judge. In other words, she cannot claim back the mortgage payments. A judge is just not interested in anything paid by either party prior to the Consent Order.
My husband paid all the mortgage on the FMH, all the bills, aboslutely everything, his ex, she paid absolutely jacksh*t, she did not even contribute towards the children she walked out on. So, he paid for 4 years on his own, it was only when it got to consent order time that a clause was placed in stating that she would have to, in the settlement, repay half the mortgage payments. That was on for a short time though, so she did not contribute for years, but still got her wack at the end of it all.

As far as the house sale is concerned, your partner needs to get two or three estate agents to come and value the property. Then you can send these valuations to her solicitor showing that she is being totally unreasonable and playing a fast one. On the other hand, it could be that your partner's solicitor's bill could mount up to an extortionate amount, so coming to a compromise in the sale price, might just be an advantage. Make sure that if he sells to her SHE PAYS ALL THE COSTS IN CONNECTION WITH IT.

As far as the so called loan from the ex FIL is concerned, I would go and tell him to jump in a lake. Unless there is concrete documentation that this was to repaid by your partner, there is not much he can do about reclaiming his money.

Your partner might just like to point out to her that the property she has just bought will also be placed in the matrimonial pot as they are still married. This property will also be factored into the settlement in some way.

So, no he does not have to pay it back, and she is treading the line owning another property before the finances were sorted out. Silly woman.

zara

Thanks Zara. All info appreciated but could you clarify a couple of points for me plz?

You say that your husband’s ex did agree to pay back half the mortgage payments in the financial settlement. You added “that was on for a short time though?” So I take it half the mortgage payments were subtracted from her overall payout?

Can’t get the house valued. She won’t let estate agents near it. Since we last spoke we’ve discovered that she’s now claiming that a neighbour is buying it (also at a ridiculous price) – and has named them – but we do think there’s a cash deal involved. Looking like a no win situation. Solicitor bills are mounting up and she’s on Legal Aid. No compromise re sale price or costs to sell. This woman does not compromise! She could also let the house go to repossession now that she’s got a new one.

Re the ex FIL, the only concrete documentation is that my partner and his ex signed up to paying back the secured loans – to the company not him! Ex FIL first threatened to take my partner to court if he did not pay £5k immediately. When this did not work, he then asked for confirmation from our present solicitor that he would receive his money prior to the distribution of profit that would result from the sale of the matrimonial home (if any?!!!). So probably no win situation here again.

The new property that his ex and partner have just bought will probably not be put into both their names until after the divorce has finished. Their not that slow. It’s probably just registered in his name for now. That is why my partner is not allowed to see his child – so that he doesn’t innocently carry back information. Also, I thought only matrimonial assets prior to the break up are counted into the pot?

Sorry to sound so negative but these people are vindictive and are used to getting their own way. I’m sure you know what I mean!

Any further advice on the above topics would be much appreciated.

Jessica