# morgage and ex partner



## mum (5 Mar 2011)

new to this so I hope this is the right place for my question
My ex partner and I bought a house in 2005 I had previously owned a house in my own name which was sold.
Here is the details of the sale at the time

house price 287000
mortgage 260200

the following were paid from the proceeds of the sale of my house 
deposit 26800
ex partners credit union loan 6000
my credit union loan 11000
stamp duty 16000 
ex-partners car loan 16000 - the car was a family car which i still have
flooring painting and furniture for new house 5000
solicitors fees - 

my expartner has said in the last few days that he is in contact with a solicitor and has been informed by them that it will cost me 40000 to buy him out 
This is the current situation average house prices in the area are 300000 I have not had a valuation yet neither has he . 
the current mortgage is 240000

my ex partner moved out 20 months  ago and hasn't paid his half of the mortgage since . The total payments in that time have been paid by me at a cost of 25000. Previous to moving out my ex was unemployed for 18 months and paid the cable bill of 50 a month and approx 80 a month on each of esb and heating bill during that time.

we also had a mobile home worth approx 10000 which my ex has and i have no access to . He has replaced the old home with a new version on the site we had together . He simply removed it without telling me . He was able to do this as he received two lump sums for insurance claims although he has never paid maintenance for the children. 

We have 3 children and this is their home. currently the max morgage I can get approved for is 242000 but that is only if the current credit union loan i have of 24000 is paid off first  which has 3 years left on it . The credit union loan was used to purchase the caravan and for home improvements.

 I am so worried that my children are going to lose their home what are my options and is he really entitled to half of the equity and the mobile home ?

I would be grateful for any advice I haven't seen a solicitor yet but will contact one on Monday .


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## Brendan Burgess (5 Mar 2011)

> I am so worried that my children are going to lose their home what are  my options and is he really entitled to half of the equity and the  mobile home ?



I am not a solicitor, but this is not going to happen. You don't have an immediate problem in that there is no way he would get an order to sell the house. You do have a long term problem in that if you pay off the mortgage over 20 years and the kids have grown up, he could claim he owns half the house. You need to address this now so that it does not become a problem in years to come. 

This is very complicated and I will try to tease out the different bits of it. I can suggest how to deal with the financial figures. You will need legal advice as to how to enforce it. 

  I presume that when you bought the house jointly, you did not do an agreement? If you did not, then one should assume that you bought the house 50/50 

  House purchase price  308    (287 + 16+ 5) ignore solicitor’s fees as you didn’t give them. 



|                  Total |    You   |Him
  Share of cost    |    308 |   154    |     154
  Your deposit       |   48      | 48      |     0
  Original Mortgage |  260     | 106        |  154
  Capital repaid       |     20   |   12        |       8
  Current mortgage  |   240      |    94      |   146  I am guessing that his contribution to the mortgage paid off some of the capital, so I reckon it’s around 8k. I don’t think you need to be any more exact at this stage. 


  Current value of house: 300k
  His share                        150k
  His share of mortgage    146
  You owe him                     4k 


  I think he could argue that you bought the car from him for €16,000 and you still have it. Your opening position should be that he owes you €16,000 and you will return the car to him. 

  He owes you €6,000 for the credit union loan + interest, but he will argue that you gave him a gift of this money.

  He owes you half the mobile home value of €5,000. 

*Summary*


he owes you for the car loan|16
  he owes you for the credit union loan|6
  He owes you for the mobile home|5
  Less you owe him for the house| -4
  Total he owes you|23 *The legal issues *
  You will need to talk to your solicitor about how to achieve this. In reality, if he has no assets it will be very difficult. 

Did you not get a maintenance order against him? 

  You would like the home and mortgage to be transferred into your sole name. He may not agree and the lender probably will not agree either as they will want his name to stay on the mortgage


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## Thirsty (6 Mar 2011)

Brendan, I'm open to correction but if the parents weren't married then the property is not considered to be the Family Home & is not protected and in that case an order could be made for the property to be sold?


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## Brendan Burgess (6 Mar 2011)

Thirsty said:


> Brendan, I'm open to correction but if the parents weren't married then the property is not considered to be the Family Home & is not protected and in that case an order could be made for the property to be sold?



Hi Thirsty

Only in theory. In practice, based on the above figures, the judge would order the ex to pay money to her.


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## mum (6 Mar 2011)

Brendan thank you so much for your reply it has made the whole thing much clearer in my head .I will see a solicitor asap and get this sorted I should have done so ages ago . But i took him at his word when he told me he had no interest in talking the children s home from them. Also In answer to your question re maintenance no I don't have an order but I will  talk to a solicitor re this as well


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