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Mortgage/House Sale

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Posts: 2
Topic starter
(@trina1987)
New Member
Joined: 1 year ago

Hi 

my partner is currently in a battle over their house. The ex is still name on the mortgage but moved out almost 3 years ago and hasn’t paid the mortgage since then. However we are now trying to move on, she claims she wants and is entitled to half the equity. My question is if she is legally entitled to half the equity because her name is on the mortgage then surely she is legally obligated to cover half the mortgage costs she hasn’t contributed to for nearly 3 years? 
Thanks in advance 

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Posts: 3
Admin
(@the-legal-queen)
Member
Joined: 1 year ago

Hi, if the ex is named on the property then they will be classified as a legal owner and will be entitled to their share despite not having paid the mortgage or made any financial contribution towards the mortgage for the last 3 years.  

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Posts: 2
Topic starter
(@trina1987)
New Member
Joined: 1 year ago

Thank you for your reply Tracy. Can I ask whether we can push for mortgage contributions that haven’t been made be taken from her share of the equity? I have seen this suggested on numerous forums online, as surely if they are still classed as legal joint owner then surely they have a legal obligation and liability to pay their contribution?

many thanks in advance 

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