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Old 29-06-2006 | 06:23 PM
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From: Corby, the land that time forgot.....
Default Legal help please

Ok, with all the different knowledge on pf, some one maybe able to help!!

My girlfriend bought a house with her ex partner in 1993, it was a mortgage in joint names. She contributed for over 3 years then left him and joined the RAF. She has taken nothing from the house and is wondering if she is entitled to anything? She isnt out to screw him just get whats hers.

Any help would be great, cheers,

Smudge.
Old 29-06-2006 | 06:28 PM
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she's still intitled to half the house as long as her name is still on the mortgage/deeds
Old 29-06-2006 | 06:32 PM
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Originally Posted by big bad al
she's still intitled to half the house as long as her name is still on the mortgage/deeds
Yes..............but I wonder how a Judge would view it IF she hasn't contributed a brass farthing towards the mortgage, maintenance and upkeep for 13 years though..........if she hadn't and I was the Judge I'd tell her to take a running jump and she's on dodgy legal ground I would imagine, name on the deeds or not. Legally yes but when it goes in front of a Judge...........if I was her ex and she tried that I'd see her in Court. If she has still been paying..........I'd want my wack.
Old 29-06-2006 | 06:33 PM
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Originally Posted by big bad al
she's still intitled to half the house as long as her name is still on the mortgage/deeds
Nice one. She has never taken it off the deeds, unless he has done the sly and forged her signature.

Cheers, Smudge.
Old 29-06-2006 | 06:34 PM
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Originally Posted by smudgerz
Originally Posted by big bad al
she's still intitled to half the house as long as her name is still on the mortgage/deeds
Nice one. She has never taken it off the deeds, unless he has done the sly and forged her signature.

Cheers, Smudge.
Read above mate - I doubt very much it'll be quite as simple as that...........
Old 29-06-2006 | 06:38 PM
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Mr s1, we did think that, she payed the deposit of 7k plus furnishings etc. But like you say, maybe a bit of a legal minefield!!!!

Smudge
Old 29-06-2006 | 06:42 PM
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Originally Posted by smudgerz
Mr s1, we did think that, she payed the deposit of 7k plus furnishings etc. But like you say, maybe a bit of a legal minefield!!!!

Smudge
Just don't expect to get half the house with prices the way they are in todays climate, as I doubt very much indeed it'll be that simple or that's what she's entitled to. £7k plus interest without a doubt yes, but the furnishings I'd claim went years ago (fair wear and tear, no-one has a sofa etc for 13 years) so that lot would get stripped out straight away.........

Expect a rather long and protracted legal wrangling if I were you fella

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Old 29-06-2006 | 06:47 PM
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Get in!!! Just a thought, when i got divorced my ex fooked off and left me to pay for the mortgage. When i tried to claim for her half of the un payed mortgage my solicitor said that because i had had sole occupancy a judge would give me nothing. Bollox i know!
Old 29-06-2006 | 06:54 PM
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Absolutely - but a bit different in as much that you were claiming when you paid - this is your other half trying to claim half of something she hasn't payed a penny towards for 13 years. In cases like this a name on a bit of paper does mean 'something' but when the ex can prove he's paid everything on his own for that time..........

Put yourself in his position. If you paid the mortgage for all that time and now your ex crawled out the woodwork (no offence to your Mrs ) wanting half the house, I'm sure you'd have something to say - I would and it would be rather graphic and colourful to say the least. So if her ex has half ounce of savvy he'll (quite rightly in my view TBH) do the same.
Old 29-06-2006 | 06:59 PM
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True, mate. To be fair, the mortgage was only for £14k (it is Corby!!!!) plus her £7k, but i totaly agree with you. Oh well, see what happens............
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