What buying out your ex actually involves
If you own a home together and your relationship ends, one of you may want to stay in the property. This means buying out your ex's share. In practical terms, you take on full ownership and compensate them for their stake in the equity.
While it may seem straightforward, many people encounter complexities in practice. You will need to arrange a new mortgage in your sole name, agree on how much the property is worth, and work out what each person is entitled to. The process involves legal, financial and sometimes emotional complications.
Whether this option works for you depends on several factors: your income, your credit history, existing debts, how much equity exists in the property, and whether you can reach agreement with your ex on the split.
Can you afford to take on the mortgage alone?
Lenders will assess your ability to meet mortgage payments based on your income alone. If you previously relied on two salaries to cover the monthly repayments, qualifying for a sole mortgage on the same property may be difficult.
You will typically need to remortgage rather than simply remove your ex from the existing agreement. The new lender will carry out affordability checks, though your existing mortgage payment history may work in your favour compared to a first time applicant with no track record. They will look at your earnings, outgoings, debts, credit rating and any maintenance payments you receive or make.
Some people find they cannot borrow enough to buy out their ex and keep the home. Others discover that while the numbers technically work, the monthly payments leave little room for other expenses. It is worth getting a clear picture of your finances before committing to this route.
Speaking to a mortgage broker can help you understand what you might realistically borrow. Many brokers offer initial consultations without charge, though it is worth confirming this before booking.
Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.
How equity is divided
The split of equity is not always equal. Many people assume that if both partners paid the same amount towards the mortgage each month, they are entitled to half each. This is not necessarily the case.
Courts in England and Wales have wide discretion when deciding how to divide assets on divorce. They consider factors such as the length of the marriage, each person's financial needs, earning capacity, and contributions to the family. If there are children, the court will also consider their housing needs, which can affect how the equity is shared.
In Scotland, the rules differ. Matrimonial property is generally divided fairly, which often means equally, but adjustments can be made depending on the circumstances.
If you and your ex can agree on a fair split without going to court, this is usually quicker and cheaper. Mediation or family arbitration can help you reach agreement without formal court proceedings. A solicitor can then formalise what you have agreed. If you cannot agree, you may need to apply to the court for a financial order.
Citizens Advice offers free preliminary guidance on dividing assets, and GOV.UK has information on the formal legal process.
Practical steps to buying out your ex
Once you have agreed on the division of equity, there are several steps to complete the buyout:
- Get the property valued. You may want to obtain two or three valuations from local estate agents, or instruct a surveyor for a formal valuation if you cannot agree on the figure.
- Check the title deeds for any restrictions and consider whether you need to change from Joint Tenancy to Tenants in Common before the transfer.
- Apply for a mortgage in your sole name. Your lender will need to approve the new arrangement before the transfer can go ahead.
- Instruct a solicitor to handle the transfer of ownership. This involves removing your ex from the title deeds and, if applicable, from the existing mortgage.
- Pay your ex their share of the equity. This is usually done through the remortgage, with the lender releasing funds to cover the payment.
The process typically takes several weeks, sometimes longer if there are disputes or delays with the mortgage application.
You will need to budget for solicitor fees and any mortgage arrangement fees. Stamp duty land tax may apply in some cases, though many transfers of equity between separating couples fall below the threshold or qualify for relief. Check the current position on GOV.UK. If the property was not your main residence throughout ownership, capital gains tax could also be relevant.
If buying out your ex is not affordable, selling the property and dividing the proceeds may be a more realistic option. In England and Wales, a court can order a sale if you cannot reach agreement. This is not a failure. It simply reflects what is financially practical for both of you moving forward.
Please can you help!? My head is all over the place! I am stuck and don't know what to do. I have fled the family home as my ex-partner was a drunk and broke my nose last year. My ex-partner is offering to but me out with giving me £16000. I am still paying half the mortgage. I am trying to come to a deal with him so I have asked for £17000. I have to start all over again I have to buy a new bed, fridge, sofa, washing machine etc he has all that and equity in the house. I feel like I'm losing out!? Am I do I go for.more? Will I be allowed to go for more. Legal fees and fighting through Solicitors is going to cost me so much. He has said I don't need a solicitor just agree on a price with him and then sign over deeds. Is that right? We have a 2-year-old daughter too who lives with me and sees him twice a week. That arrangement is all settle. I currently talk through his Nan as my social workers wanted a Non-Mol in place! Please can someone help me
Would it be in my favour to pay the mortgage and have mortgage in my sole name on the property we own together? Once we go to court if he doesn't agree to see his share would the payments be considered to my advantage?
I have been paying the mortgage from my single income although it is in both our names and would like to avoid paying him out on something I have already paid by my self.
Can you please advise?
What is my best option, as I want to move asap.
Thanks
We have split up and she said that as she hasn’t paid anything towards the family home she does not want anything from it as she understand that I worked hard for it in the past. I need to get this non interest in writing just so we can be clear which she said ok.
Does anyone have an example of non interest in property I can use?
Need some advice please.
I'm divorced and had a joint mortgage with my ex. We agreed that I continue to live in the marital house with our 10 years old son and won't sell the house until he turns 18. I'm now in the position to remortgage in my sole name and buy out my ex. I've asked my ex verbally for his name to be removed from the mortgage and he agreed. I've arranged all the paperwork with my solicitor but now my ex refused to sign the TR1 and said we've never had such agreement. I've no intention to sell the house, I just want his name off the mortgage because he hasn't contribute anything towards it for the last 5 years and he doesn't live in the house anymore and I've agreed to buy him out.
I know I'm stupid for believing him. Is there any way to ask the court to force him to sign it? If yes, what are my chances winning the case?
Many thanks.
I will struggle to buy a house after fees etc and wonder if I could stay, transfer the house into my name & pay my husband out using some equity?
Child support payments are not enough to cover the mortgage or the childcare bills as my wife works fulltime also.
Child support payments are to cover food clothing maintenance and housing. My wife has asked for more what to I do help
Myself and my wife decided to buy a property before marriage three years ago. At the time I had a default on my credit file so it was in our interest for her to get the mortgage herself. Three months ago, we decided to buy a second home together as a married couple. Now closer to work and friends with career progression in sight she has asked for divorce. She has seen a solicitor who has said I’ll be lucky to cover a 15k loan I took to pay stamp duty for our current property and have zero vested interest in the previous property as it was bought in her name prior to marriage. Essentially I have been asked to leave with a zero balance while she has our 2 properties and 2 children.
Any help would be much appreciated on where I stand.
Our divorce was finalized a year and a half later. Over the years she got married as did I.
I continued to stay and make payments towards the bills and maintenance of the house in addition to looking after our 2 kids daughter. I had custody. She did have irregular contact with the kids but paid no child care neither did she contribute towards anything for the kids.
However, this year on several occasions she has been telling me she wants a share in the property. 2019.
I want to take her to court but am not aware of the procedure or how to make contact with the court or what evidence I need to provide or even whether I can represent my self in court and whether her claim is valid or will hold any weight in court. I would appreciate it if you could give me some advice on my situation.
I am aware of mediation but we have already tried to speak but the situation never gets resolved.
I would really appreciate some guidance on this matter.
She is not able to work due to a medical condition and has our 22yr old son at home.
I would like to buy her out of her share of the house, but she has said she will make things very difficult.
How do I go about selling the house if she won’t cooperate and as she is medically ill will I be expected to pay maintenance costs to her after a divorce.
At the moment she is entitled to very little benefits as she has just inherited £15000
I need advice on where i could raise the money approx 120.000 to pay him and then continue living there.
I was thinking of reliesing equaty in the property until i die and then the remaining would be left to my children.
Any advice would be appreciated as i would not be able to get a morgage for this amount due to my age and wages.
I work part time and don’t have saving
Our daughter(20) is independant. Also, i have worked from home as a childminder for 23 years.Our mortgage is paid off.
Mg husband wishes to sell the ptoperty in 6mnths when our youngest turns 17. Can he force me to do this when i run my business from home?
The mortgage is paid off now. But i have paid approx £44k off more than he has. The house is worth £300-350k.
I have also updated the house costing me a further £20k. Please advise me
Thankyou
I’m now able to remortgage (due to a change in circumstances) and pay my ex-spouse the required equity split but she has refused my offer knowing her share of the equity will increase with each mortgage payment.
Can i force her to accept my offer to buy her out and remover her from the mortgage and deeds?
we have agreed to have the children 50/50, we have 3 , which she is more than happy to do.
can I also request extra deposit I put down out of personal money ontop the agreed equity ?
But surely it is in the best interests of the children both parents can provide a suitable home and one parent can not be tied down because of the others refusal to release control??
She has told me the new partner is paying half the mortgage so the house is as much hers and my ex wife’s. I have asked many times for either my initial deposit or the house valued and me given the appropriate amount. But she simply says she is not ready to assume this debt on her own
What can I do??
I say anything I get claims I’ll make the kids homeless. I can’t seem to win, I’m scared to go to court as we did for child arrangements she lied and the family judicial system heavily favours mothers, so to go from having 50/50 custody to simply having the kids “spent time (but not live with) me” I have already lost all faith in family courts.
What can I do??
Thank you
Does she have to buy me out or am I entitled to her buying me out?
I have been with my partner for 14 yrs she has recently told me that she wants to separate, we aren't married, we have a 7 yr old child together , and a sick aunty of hers living in a granny flat ( extension we had built for her ) next door, the house is worth around 180,000 and we have 87,000 left to pay on it, as I haven't asked for any of this my partner is willing to let me buy her out, but wants to leave the sick aunty in the granny flat as she has cancer and doesn't want to move her, it's a joint tenancy mortgage could you give me any advice on the matter , especially
The aunty as she doesn't contribute anything rent wise.
My husband and I have been married for 4 years and we have a 2.5 year old daughter. He has been unfaithful since we've been married and continue to have the wandering eye. I have given him many chances but feel like its time to split.
I am a US citizen and he is British. We live in a house (£800k, 4 bd) that was mostly paid for by his father and is under my husband's name. There is a small mortgage of (£100k). He is a high earner and I am a stay at home mum. Would the courts allow me to stay in this house or would they make him sell and provide another accommodation for us? Could I ask him to purchase a home for me and my daughter in full or would they allow him to take out a mortgage?
It was a messy divorce he admitted his adultery but due to his behaviour I had an injunction taken out against him .. he then assaulted me on our front door step and he was prosecuted
He just would not accept that his boys teenagers do not want to see him
The divorce happened quiet quickly but I was way to ill to lock horns with this psychologically violent man
I had 4 children .. no money and my priority was trying my best to pay bills and keep everyone ok ....
Over the last 10 years despite having a good job I have not received any money for the mortgage bills improvements house insurances and just a few payments from CSA ... basically nothing
4 years ago he said he would sign the house over
I went through the process of getting mortgage lined up and even got a solicitor ready for him to attend ... at the last moment he said no and promotly left the Uk
He is now married to a US citizen and I have no contact with him ... I do have his email
My youngest son is now coming to the end of uni I may want to sell the house ...
What can I do ?
People tell me I should have sorted this at the time but they have no idea how he had treated me and just how at the time if I had not distanced myself from him his violence
I would not have been ok
NB it was my home before he moved in
But I did put him on the mortgage
Please help me get the shadow of this man from hanging over me
He never wanted to be part of the rent, and didnt want his name on any of the household bills or rent book. A few years later we decided to marry, and then the following year I applied for right-to-buy. To do this I HAD to include him on the rent book, but only for 1-2 months until the mortgage went through. I got a massive 55% discount and we went halves in the solicitors fees etc, and now I live in a £120,000 house which cost £45,000 (It was valued at £1000,000 at the time of buying it) We are now 4 years in, and next year we can sell or move without having to repay any discount back to the council. But things between us are really bad and I want a divorce. For someone who didnt even want his name of the rent-book, he has reminded me that he owns HALF of the house! when in fact it was MY 55% (£55,000) that was put down as deposit, and for the princely sum of £500 which was half the solicitors bill, he now owns half of what is now £120,000. Yes he gives me housekeeping, but the mortgage and insurances ALL go out of my bank account, of course the mortgage is in joint names. I would like to know, seeing as I can prove I was SOLE tenant for the qualifying years (25yrs) which gained me 55% discount, would he really be entitled to HALF of the property value? It feels like I effectually put down the £55,000 and now he wants half of everything including the discount I accrued.....10 years of it I was not even WITH him while I rented the house. I would like to buy him out of the house, but it may come at a cost I cant afford. He CANNOT afford to buy me out so we would be at a standstill.
My partner and I have recently (1 month ago) bought a property. Both our names are on the mortgage. My partner's income is very low, the mortgage application therefore was made on the basis of my income only. My partner only works part-time due to a health condition, and we have a 5 year old son. Our relationship is going through a rough patch at the moment and we might split up. My partner has made it clear that if we split up she wants to stay at the property with our son. I know that based on her income as it is now, even if she increases it in the future, she will not be able to get the mortgage on her name only.
Can she force me out of the property? If she goes to court, is there a chance that I will be forced to leave the property and continue to contribute financially in excess of the child maintenance amount so she can afford the mortgage? In the unlikely event that she finds a guarantor for the mortgage, could a court order force me to sell my mortgage share to her?
I have been married almost 3 years and together as a couple for approx. 7 years. I am considering separating and plan to buy my wife out of the house. The house is under my name but she has been contributing monthly towards the mortgage. The contribution in terms of overalls bill hasn't been evenly split (I'm paying more) but the mortgage itself has.
I was planning to get the house valued and then simply split the profit we would likely make in two and take on a bigger mortgage (which provisionally I know I can).
My question given the length of the marriage would it really be split 50/50 or could I be offering less? As I did really well in a previous house sale and invested that in the mortgage we would most likely make a decent profit.
Last year my ex took the house off the market, put tenants in and obtained an MHO without my signature.
I've been renting houses and moving every 6/12 months with the kids. Now I am too unwell to work and have insisted he pays me out which he originally agreed. Now I realise he has no intention.
Can I force an auction of the house? Can I get some form of Order to be able to move back in to the house?
I can't get a mortgage as my income is too low. I'm tired of moving and tired of him taking advantage - do I have any options? Thanks.
Can we release equity to pay him money that he might be owed?
It would only be about £20 ,000 taking all factors into consideration. The house is valued about £100,000. I am 50, he is 49. We live in Scotland. Is this a viable and possible option?
I do not want to move or sell. He likely would go home to England.
Does this means that when I die our children would get the house minus the £20k plus interest? I would have to pay this equity release bback to prevent escalation of interest?
She makes about £900 less after tax a month than I do. How will the division of assets work?
I have 2 children who will be living with me does the equity of house get split 50/50 or can I go for 60/40 as I have the children
Thanks
- Can I be removed of financial liability or gain from the property to allow further borrowing?
- Will we have to sell if she cannot get a mortgage alone? What about the children?
- If I need to sell to move on, does my responsibility lie with making sure she has a home or the children? At the end of the day, the children have a home with me if needed? But I'd rather not go down that route, obviously.
Thanks for your time.
I am keen to sell but I am happy for her to stay . How can she buy me out?
I got divorced about 19 years ago. I had moved out with the children, but my son was unhappy as a toddler and I moved back in, still divorced and separated rooms.
My ex got violent after a few months and was removed. During his 8 months on his own, he stopped paying the endowment mortgage and it fell into arrears. He didn't pay the endowment policy, and the policy lapsed and was shut down.
I slowly paid off the arrears to the mortgage.
He then solely benefitted from the shares, when my lender changed to a bank.
Because I have paid the mortgage on my own, for years, I have a court order that says that when I sell my house, the ex husband doesn't get a penny, but the lender won't remove his name, as I am now disabled.
In three years, it is coming up to the end of the term, and capital has to be paid. I am also in a new relationship, and wish to live together someday.
I can not change my mortgage to a repayment, without my ex signing off on it. He definitely won't, as he's tried to sell the house from under my feet before, with his own children living here.
Is there something I can do?
My only hope is that this will push him more to start remortgaging in order to pay me off.. (He's made it clear he doesn't want to sell) But how do I know this will help?
I don't want it to go to court so the lawyer suggests this is the best way to avoid that, however, if I don't go ahead then would I need to pay a lawyer to force his hand in buying me out anyway?
I only work 20 hours a week and am I entitled to any help with these legal fees of £200 per hour that I'm being charged?
Therefore, do you have any case law where CM has been offset?
I propose a provision whereby any CM obligation placed on my ex by CMS would be offset by me paying him, pond for pound, the same amount.
Thanks for your help
She got residency of our 6 year old daughter and is living in our flat.
I moved away and am staying with my parents (300 miles) as I could not afford a place of my own nearby.
Our flat is jointly owned and I pay half the mortgage payment along with maintenance.
I have accrued a fair amount of debt in the time leading into the split as my wife was not working and is still unemployed.
I would like to be bought out but she cannot afford it and refuses to sell citing our daughter as the reason why.
I am not very well paid as I am an unskilled worker and so am handing over a considerable chunk of my wages so that she can continue to live there.
My worry is that if something should happen such as a major repair, even with insurance I am looking at a large bill which I cannot afford (nor can she).
I have to keep paying half the mortgage to maintain an interest. She has asked me if I want to be taken off the mortgage, but, for no settlement.
The interest I have in the flat is my only asset with which I could pay my debts ( which are partly hers) and start again.
Can't afford legal and don't know what to do.
£250,000.
In some brief discussions she has said the house is worth more than that and she wants at least £125,000 as her half.
I explained that the house is only worth as much as someone is prepared to pay and about estate agent and solicitor fees that come off the sale value, suggesting that £122,000 was more realistic.
Is there a recommended offer suggested if I were to buy her out?
Many thanks
Can I make him take the payout if it is fair and based on a valuation? As I don’t know what to do and I don’t want to move if I have to
She voluntarily left the house 3years ago to move to Leeds with her new partner.
What can he Do????
She has seen a solicitor and he says that I would only get 30% of the value of the house. The house is worth 170 thousand pound with 41 thousand left to pay.
Do you think this is right about that I am only aloud ,I am asking for a 50-50 split as I am willing for any of my children to live with me
He wants off the mortgage so he can buy with new partner. I’ve been accepted for a remortgage but only enough to cover existing balance and not enough to buy him out. I’ve offered an amount to him which is significantly less than equity but is the entirety of my savings but he has refused this as he wants half equity.
Can he force me to sell even though I live here with my children? His solicitor sent me a list of houses which I could purchase with the amount I’m able to borrow but I don’t want to move because it will unsettle the children who have had more than enough change in their lives with the divorce - although only one child is a child of our marriage.
I’m happy to remortgage but just can’t afford the full equity. What are my options please?
However he will want his deposit and amount he has put in mortgage for last 2 years. What are my options to get that kind of money? Anyway loan providers will give this to me? I'm looking at something like 50k. That's a lot of money to pay off.
I jave been told that je has left the other 50% in his will to legal guardian , who was my best friend and subsequently had an intimate relationship. Am i able to contest this arrangement as in my will my 50% i jave left to my children.
Any advise ? Thankyou
My wife and I split up mutually two years ago and plan to divorce.
The mortgage on our home is in my name, but my wife has payed this for two years whilst I have lived in rented accommodation. During this time I have continued to pay maintenance for our two children aged 3 and 6.
There is approximately £30k equity in our home but I cannot access this as my wife cannot get a mortgage on her own.
What is usually done in this instance please? I wouldn't want to see my children removed from the family home, but at the same time concerned that I may lose what I have payed into the house should she meet another man and move him in.
Thanks in advance
Mediation takes place in front of a neutral third party. The mediator has no pre-conceptions and will not force you to make an agreement. They will assist the two parties in taking turns in the conversation, and helping you reach a decision that you are ready to agree with. Mediators do not pass judgment or offer guidance; they are there, in effect, to facilitate conversation between the two sides. However, if your mother decides to 'sabotage the solution' and refuses to move there is little you can do here - apart from taking the matter to court. In this case, your father and you would be at a disadvantage if you were not currently resident in the family home.
Would a solicitor be able to help me even though we are divorced already ?
Just wanted a little advise before I go ahead and have a large bill
After mediation and an uncontested divorce the Solicitors (mine and my ex partner's) are at work on the Consent Order. She is remortgaging and we have agreed an equal split of the equity. After having spoken to her Solicitors they advise including a 2.5% sales tax amount meaning my pot would decrease by some £2,000. Mine advises that this isn't realistic as she is not selling but remortgaging, and in any case 2.5% would be excessive.
I thought all was agreed. Now things have gone backwards. Is this normal practice in a remortgage situation?
Can anyone shed any light on this or any ideas of solutions?
My partner and I have recently split up. I am trying to buy him out of the property and have agreed to pay him his deposit back and the cost of anything the bought in the property. He is now asking I repay his mortgage contributions since we bought the property. Is this something he can legally claim back?
also claim for . I would now at such a huge cost and because all the court issues over the children were taking so long and were so costly,
The mortgage is paid. She lives there with their 2 children.
He has his children 50% of the time and extra when she requests it.
He needs capital to equal mine so we can set up home together.
She does not want to move. She says she has no money to pay him.
Can she sign release of capital and both remain on the deeds?
Can this be done as a life time mortgage so it's paid if house is sold etc?
We have a joint mortgage. She wanted me out of the house ,so I had to find rental accommodation. I cannot afford to pay half of the mortgage payments because I have to pay rent where I'm living.
We have a 15 yr daughter.
Do I have to pay back my share of mortgage payments.
Plus can she buy me out or sell up on a 50 % share. What happens if she says no ?
Me and my partner have split and I am starting the process of buying them out.
We have only had the home for just under 5 years and we used the help to buy government scheme (20% contribution), how would we go about this? If i buy her out will i have to take over the total loan entirely?
We have no children and have always paid bills evenly, I believe he is doing this to make it hard for me to buy our marital home... in this situation can someone claim for such things when it should clearly just be a clean 50:50 split.
There is no equity in our home because my spouse took the equity out of the house to fund a business.
However, despite the fact that he maintains that he won't move out, he constantly struggles to make the mortgage payments on time (I don't contribute because I can't afford to support two properties) . So the mortgage company are constantly threatening repossession.
My question is this: how could I buy him out when there is no equity in the first place? If the mortgage company takes it to court and my husband eventually agrees to move out, I would prefer to buy him out and put it on the market properly rather than it go to auction. I would not get another mortgage because of mortgage arrears - I've already enquired about this, so this isn't an option for me right now.
My question is this; is it possible to go to a Solicitor and get a legally binding document that will protect both of us financially WITHOUT me having to apply to the Divorce Courts for a financial settlement?
All advice appreciated
I am slightly worried as I am moving out of the house next week in which I have lived in for the past 14 months & paid all mortgage & bills as she hasn't lived there, but feel I won't get my money & have no timescale on when I will get my money. My exs response is you will get your money when the bank finalises my mortgage & when you sign the house over to be... but hi long could this take?
Any help would be much appreciated to what I need to do next.
Thanks
The mortgage is in joint names it's not far from finished and is within £25k, I have no idea how much the contents are worth. Theres is no infidelity (I do love my wife but I'm soft hearted with my daughter and admit I spend too much) but I've promised it will stop, can she force me to leave and could I buy her out and stay. I really don't want this to happen but if it comes to it I need to know I can live, house is worth maybe £85k
Things have not gone well and I have decided to leave, however, i need the money I have put into the property so that I can purchase another property and am happy to take my name off the deeds. How can I do this as I'm sure he is going to resist paying me half the value of the house as we have jointly renovated it and it's value will have increased quite a bit.
Is there anything I can do to force her to pay her share? My other option would be to get her to agree to sell or buy me out of the property when my son turns 18. However I don't think she'll even agree to this. What are my best options? Any advice would be much appreciated
My Partners ex husband if threatening to to her to court over the equity in their house after being divorced for over two years now.
At the time he was desperate for money and a £20,000 pound buy out of the home was agreed and although at the time the solicitors told him he should not do this deal, he did.
The home is now fully in my partners name (which was done through the solicitor) and their is approximately £150,000 equity in the property.
He is now threatening to take her to court over this equity as again he has money difficulties and has said he was not of sound mind at the time the deal was done.
He has also stopped paying the maintenance of his 2 children under the age of 10 for 4 months now due to the fact he thinks he has money in the property.
He should also according to the court papers be having the children at least one night per week , which he has not done since the separation, in fact we think he has had them stay over maybe 8 nights in two years and the occasional pick up from school and out for tea.
Myself and my partner are not co-habiting currently.
Does he have the right to go to court for this equity?.
Thank you
We have the decree nisi so far (DIY divorce). The financial consent papers seem very complicated and not fit for purpose as we have already agreed and done the financial stuff. Can we just organise a simple legal document (drafted by a solicitor) to simply state we agreed with £40k buy-out, that is done, and neither of us will make any future claim, or do we need to do this through the 'Notice of [intention to proceed with] an application for a financial order'? Thank you.
I am living in the house with our son (I have been primary carer; I now have him 4 days a week). I want to try and buy her out. My mum is downsizing her house and wants to gift me the equivalent of my ex's half of the equity (which coincidentally is the same as the deposit we put down; the house has increased in value a lot). I need to get back into work (I gave up a well paid job to manage the relocation and our child) and obviously need to be able to take over the mortgage.
Assuming I can, the issue is this. She wants all the money that was invested in the house e.g her equity stake/ deposit plus the full amount spent on the renovation.
She is basing this on the fact we were living in her house before we relocated. We'd lived in it together for 16 years, and I contributed to it but wasn't in the mortgage or deeds. Before it was "our money because we're family"; now we've split it's her money.
Trying to keep it amicable for our child but I don't feel she's being fair. She's holding me to something I said when she first left, that if I had the money I would give it to her. What I meant was I'm not an ar@ehole; she's taking me literally. I'm not pursuing her for anything else, even though she earns more than double what I earn.
So now she wants her equity stake plus retain a percentage share in the house.
Reasonable?
Thanks
I'm only a run of the mill guy on working class wages myself earning just over 30k a year, we have a 6mth baby of own & are paying extortionate rent. My share int he property could be worth in the region of 50k-60k.
Although my children are my priority i'm not a mug.
She currently is living in our home, I'm at mums and we are both paying the same each month bills and mortgage. I would like to keep the house and pay her out..
But I if do this before we actually get a divorce can she come back and bite me! Even tho I would of paid her fully what's she would be entitled too.
Please someone answer my questions many thanks
I feel he is still trying to control my life and this is so stressful.
My Solicitor dealing with the house purchase has advised not proceeding until a financial settlement can be reached between us.
I feel he is just being spiteful now.
Has anyone else been in this situation??
I divorced six years ago. My husband was bankrupt at divorce so the divorce stated I r move him from the mortgage once the official receivers had removed their interest. Just after divorce I too had to file for bankruptcy as I was being chased by these debts. I have been solely paying the mortgage and am unable to remove my ex from the mortgage and will be unable to for quit some years. In the future is he entitled to half the equity. The house was in negative equity when we divorced. Please help as I also have a legal aid charge on the property for him to see his children and am worried that he could take more from tbe property in the future than I when I have paid and he hasn't. Desperate for advice. Please help.
We brought the house 5 years ago the mortgage is in his name as I was not working at the time. We both work full time and have 2 children under 10.
There is around 40k equity in the property. Also my parents loaned us 20k.
I want the property from him and I'm willing to pay the mortgage alone.
He hasn't officially said what he wants and I'm still in limbo.
Is his solicitor prolonging for a reason?
If it went to court who's favor would it be in?
He is currently paying the mortgage and I pay all the bills.
I separated 7 years ago and have only just started divorce proceedings. My ex has agreed to 30% payout of the equity in the house and he will keep his pension, I have one daughter at uni and another who is 17 in first year of A levels. When will I have to pay him ? After second child leaves 6th form or after university ?
Many thanks
What are my options on how to do this and what, if any, are the possible costs?
We married 14 months later then had a child - still no contribution to the bills even once baby came along. After my 9 months maternity (where I still paid all the bills) he gave up work to look after baby (only had a agency labouring job which wasn't permanant)and I gave money each week (as much as I can afford) 8 months later we bought a house in joint names, but it was my £25,000 savings (mainly from pre-relationship) that paid the fees and deposit. I also then paid this much bigger mortgage. After 4 months baby went to nursery which I paid for, but he struggled to get work and used my savings to live off (well go to the pub everyday!) he got a job 2 months later, but still didn't contribute to the bills. he then left 11 months ago and hasn't paid a penny since towards the mortgage or his daughter. He has a job and pays his rent, has a new girlfriend and has been on holiday quite a few times (so obviously has money)
If I was to divorce him (which he expects me to pay for) would the court make me give him half of everything? at the moment he says he doesn't want anything, but who knows!
My husband and I have decided to separate with a view to divorce soon. He wants 1/3rd if the equity on the house. I owned the house for 4.5 yrs before he moved in and I added him to my mortgage. We have a 21yr old son. He has a pension and shares and doesn't want me to stake a claim ... I'd be happy to leave them but is it legal to pay out a spouse whilst still legally married?? We are amicable at the moment so hopefully it'll stay that way. I pay him out. He doesn't Support me when he goes. He has the bigger income.
My daughter bought a house with her boyfriend nearly 5 years ago. After a period of him physically abusing her (police were involved) he finally moved out around 4 years ago. She had managed the mortgage alone and went to see her mortgage provider 4 years ago but was advised without his consent she couldn't remove him from the mortgage or sell the house. She had been back to the mortgage provider again recently and they have agreed a mortgage in principal and told her to seek legal advice to takeover the mortgage alone. What are her options? She doesn't know where he lives. She asked him to sign over the mortgage to her 4 years ago and he refused so he's never going to do it now even if she could find him?
Can we/I legally do this and would a letter and signature from her be proof she has had her half of the house and savings .
I need to get £120k mortgage to pay her off and she can keep the £30k savings which will total £150k and hopefully keep everything amicable.
Appreciate any advice
I have been married 27 years 6 children, 3 adult independent, one in uni and 12 and 15 years.
We are currently separating and I have asked for half the equity in our family home so I can buy a smaller property for me and two youngest children. My husband is fighting this. I have not asked for any other financial support ,have retrained and gone back to work after being at home for 25 years looking after children. We are both currently living in family home which is unbearable . I am very anxious to move on with my life. What is a fair settlement . Am I being reasonable, I have been primary home maker and he has been primary wage earner.
Any advice?
We have 50/50 access to our child and remain fairly amicable with eachother.
We have agreed on a settlement figure for me to buy her share of the mortgage, however, a solicitor has told me that its messy and i am not to do that.
If I give her her agreed share now under the scrutiny of a solicitor, can she then come back for more once we get an actual divorce?
I have decid that despite me talking to him and the counselling we would and kids would bE far happier if we parted ways. The arguments and tension are effecting kids.
He told me that he isn't leaving the house and that he will buy me out (a family member has offered some money to him) we are both on deeds and on mortgage.
We bought the house for £176,000
Equity loan of £36,000 (have to start paying that at end of this year)
Deposit of £10k
Mortgage was £136k
Value of property now approx - £190k
He said I would get £15k if he bought me out...where would he get this figure from?! Should i expect more as I will have the children with me ?
Many thanks
My husband left me in May 2016 and set up home with someone else 50 miles away. She has a council property. We had been together for 19 years. He has a history of drug and alcohol addiction.It is my second marriage and I had a property when he moved in with about 15k equity. He took over a joint mortgage with me. We sold this house in 2010 and moved and bought a house without a mortgage as I had received an inheritance of 75k from my late mother. The house is now valued at 350k. Until the last three years of the marriage I earned more. My husband decided to set up a burger van and I helped support this and and the profits were god by the third year. It was agreed that I could get my cake business started and could give up work. I still worked part time as a carer as well as the cakes and supporting the burger van i.e. Making burgers, shopping etc
He took the van but stopped working it after 5 months and moved in with his new partner. He went back to lorry driving and I've no knowledge of where the van is.
He wants our home to be sold and split 50:50. Says business was his and I'm not entitled to it. Says I can keep my very very small pensions (cash value about 9k)
We have about 60k savings but he spent around 6k before it was frozen, he also ran up £900 on my credit card account until I stopped his card.
I am 53, he is 43 and we had no children of our own.
I want to buy him out and hope with my daughter's help ( she lives in the house with her boyfriend) to secure a mortgage. I have taken another part time job as well as the other two but as the DBS check has taken 5 months do far I have not started it.
Could I be awarded more than a 50% share? Would my inheritance be taken into account? The facts that I'm self employed, 53 and unlikely to get a mortgage on my own.... would a court take these into account ?
*I owned and had a mortgage on the property before getting married.
*got married and put her name on the mortgage.
*Got divorced with a clean break 5 years ago but mortgage not mentioned in clean break.
* She doesnt want to be bought out as has re-married and just wants her name off the mortgage so she can buy a new house.
*for last 5 years I have been paying the mortage out of a new sole bank account.
*I am under debt management so have very very little chance of paying for her half of the mortgage but she doesnt want buying out anyway.
*Have a secured loan with the mortgage again in joint names.
Please help if you can.
We both work and have no children and I have paid the mortgage and all bills through this period as I had earned more, my wife only contributed by paying the food costs, around 30% of the total household spend. This resulting in us both having the same money left each month for ourselves.
Would the expectation still be a 50/50 split on the equity of the house after it is sold or would the contribution made be taken into account?
Thanks in advance
Before we were married he had his own house which he put down a deposit of £30.000.
I moved in with him not that long after he brought his house and then a couple of years later married.
We then moved into our family home where I am still living with my daughter and he has recently moved out after admitting to adultery.
We also have a second house that we were renting but now he is living in it. Both houses have sunstantial equity in.
He says he wants to split the equity 50/50 but also wants his original £30.000 as well.
My question to you is... Can he and is he entitled to that £30.000?
Thank you
I have split up from my long term partner (no children and we were never married). He doesn't work and does not claim benefits. I owned a house which was only in my name which I have just sold. I decided in agreement with him that he would get half the equity. As it was my primary residence I do not need to pay any tax on the equity. If I transfer half to him does that lead to tax implications for him or me?
My wife and I have been married 20 months and she wants to move out of the family home to a place on her own with our baby. We have been living in our home (50:50 ownership) for 2 1/2/ years and have a mortgage (320k) . We also have equity around £200k.
I don't want to move out of the house if possible and wondering if there might be a way that I could find someone to buy her half and then release half of the overall equity to her. I would then look to rent out a couple of rooms to a tenant that would pay for half of the mortgage so the investor will not need to contribute to the mortgage. Dies this sound feasible, anyone else had any experience of something similar? Many thanks
I've recently left my wife. We have 200k equity in it. She cannot afford to buy me out and even if I leave my equity she will not be able to pay for the mortgage repayments. If we sell and she buys somewhere smaller, can I let her use my equity as well but not take on responsibilities of home owner, with the condition that when the children reach a certain age (finish full time education/Uni) she may be in a better position to buy me out or sell and I get the equity then?
Thanks
Me and my ex partner both own the property I live in with our children there is no morgage on the house but I now want to offer to buy him out and become sole owner, how do I go about this I would need to take out a morgage of my own to raise funds and would I have to offer half the amount of the house what is now worth or what we paid for it and what would happen if he refused the offer
B) would there be any tax or capital gains applied to a sale.
Help please
Thanks
I am retired with 2 small pensions he's stating he wants over £100000 as he's done gardening and some painting. But I have been ill for months resulting in full hysterectomy therefore unable to do heavy work. But I do all cooking cleaning etc in the home.
Can he insist on more than 35%?
Steve
We have 3 children, I left university to become a full time house wife. I have a chronic health condition which has been treated for an Unforeseeable amount of time.
We have a £400,000 mortgage on a £1.3 million pound house.
The monthly payments are so small, and rent is treble this for a house half the size in our area. for schooling and stability I would like to stay in this house for as long as possible, also I am training to be an accountant so I can financially look after my kids.
However I would not be able to get such a huge mortgage to begin with. Can the courts make the mortgage company accept my payment. My parents said they will cover this until I am financially stable
I would like to stay in the family home with my child,
How does it work if my hubby want to buy me out of the mortgage / house, but I want to stay to provide a roof over my son and me, not really want to sell house
Or how does it work if I pay for the whole mortgage myself, not sure if I can afford it all tho plus get my own name on the mortgage if I want to sell later, would me ex be entitled to the sale of house
Plus if we sold the house and take that outstanding on the mortgage and end the mortgage with the lender do they charge a early payment fee completion of mortgage,
It's all new to me and not to sure to ask my bank for advice, solicitors but I rather keep the cost down low and do it mostly myself
He is paying the mortgage on the home his ex wife lives in with their son. In recent months we have been told her partner and has moved in and the6 are due to marry. Does my husband still need to pay the mortgage if both ex-wife and partner are working?
Does she buy me out buy paying me half of the equity or the value of the whole house ?????
Thanks for any advise.
His ex wife has gone to all the local estate agents and had the house undervalued we believe. We now want to get the property re valued - Does she have to let him have access to do this ?
Me and my husband split due to him cheating: we had a morgage, but for only a few months whilst together. I left the property and my partner has been informed he is financialy okay to take the property on himself. I am now trying to find a solution to get my deposit back. He has said he will pay he back bits but i dont beleive him. I am aware he does not have any savings so i know it will need to be monthly payments, how can i get this legaly sorted with minimal cost as i also have no savings due to putting it into the property. the amount id was 6500 so i an wanting half of that.
Does she still have a legal right over the property even though she has stopped paying the mortgage?
I wish to buy him out, but so far the only means of raising enough money is equity release on the house. He's been living in Thailand for the last year and has now returned and
won't move out until he gets his money. Obviously I want to get enough money quickly.
do you think equity is a good option? It's a lifetime mortgage I'm considering, are there common pitfalls with this?
Iris
Thanks
my husband wants to separate after 3 and a half years of marriage.
He has moved out of the property and stopped paying the mortgage.
Unfortunately we didn't have a Cival ceremony just a religious Nikah ceremony in the UK.
I want to buy him out and stay in the property as we only purchased the property jointly last year and therefore I have spent a lot of money buying and furnishing the property. Is there anything that can be done to make him pay his half until a resolution is reached?
How much do I have to pay him if he paid 25k and I paid 15k , the property is worth £250k the ERC to come out of the mortgage is £6k if the property is sold before next march.
I have always worked and through the years besides a good wage I have bought to the marriage £148,000 through house sale, Early Retirement settlement and inheritance. He has bought in good wages.
2 years ago I paid £20,000 deposit on our home and a further £11,000+ improving it, he paid nothing. I wasn't on the mortgage due to my age. I then went part time and he paid the mortgage. Now we are divorcing he wants to sell the house and split the £40000 equity equally. I am deemed too old for a mortgage and with no real income, I have too dogs so renting would be difficult.
Where do I stand? Can he force the sale? Can he kick me out?
She desperately wants the house but she doesn't want to take on the extra 50k we put on the mortgage. I have no assets so there is no way I can contribute to this and both our pensions are similar. I think she is getting a good deal as there is still over 60k equity in the house.
Can she do anything or is she going to have to give in? I just want the divorce sorted and I thought giving her the house would get it over quickly.
Thanks very much
Dan
we have about £80,000 equity in it, the house is up for sale but I really want to stay living here, we brought it as a dump and redone it all. My family helped out with the deposit but her builder brother gave his time and effort to help do the house up, saving us a lot of money.
We have 1 child together.
I have offered to buy her out, so I can stay living here, remortgage in full and giving her £40,000 lump sum, also I won't be able to afford to do that on my own, but I have thought can I remortgage for £30,000 to give her, so she can move out with daughter :-( and ill say when I am ready to sell whatever else I make we will both come out with 50/50 split.
So if the house sale price in a few years goes up we we could end up with more than £40,000 each, as it stands now.
A contract will be signed and ratified by solicitors, to this effect.
Many thanks
We have 1 child together.
I have offered to buy her out, so I can stay living here, remortgage in full and giving her £40,000 lump sum, which didn't go down to well, also I won't be able to afford to do that on my own, but I have thought can I remortgage for £30,000 to give her, so she can move out with daughter :-( and ill say when I am ready to sell whatever else I make we will both come out with 50/50 split.
A contract will be signed and ratified by solicitors.
Many thanks
She had a final Duxbury settlement to cover house and maintenance. and I have to rely on a small business and the rent from one of the properties. The properties are not selling as they are high end in a poor area. She insists on dropping the price of each house by £100k to get a sale so she can be paid out. This reduces my "pot" considerably. We have 50:50 share care of our boys. What options do I have?
If I can re mortgagee on interest only until the matrimonial home is sold iI am home and dry paying less in interest than I am in interim maintemace
My Ex husband and I split up and divorced in 2002. We have a joint mortgage which he paid his half until 2010. Since then, he has paid no money and i have raised our 2 children ( now 21 and 16) financially, on my own. #the divorce papers at the time stated that I could remain in the family home until the youngest has finished his education ( which will be in the next couple of years). My question is, can my Ex claim half of the equity when we come to sell our property, even though he has contributed less than me?
As I am not able to get the mortgage on my own I am selling the house. I have lived in it alone for 3 years and paid the mortgage solely by myself during the time.
Now that I need his signature to sell the house he laughs and says he will not comply.
There is no equity in the property so he has nothing to lose or gain by agreeing to sell.
I have to get out of the house and the mortgage because he is running so much into debt I don't want to be financially linked to him.
How do I get out if he won't agree to selling? I don't want to stop paying the mortgage as I want to buy another house with my current partner in the future.
Please could you advise.
My husband left me 10 months ago after 10 months of marriage. We have a joint account. He is still funding that account to pay the mortgage. I can only think that this is because of guilt. Our marriage was never consumated because of him. He lives with the Navy and now has a boyfriend. In 1 year and 2 months I would like us to get a mutual divorce and I would like to keep the house. Does the fact that he pays the mortgage from our joint account give him more rights than if he wasn't paying it ? Or, once money goes into our joint account is it considered to be both of ours and therefore we are both paying the mortgage?
My second question is this; when we divorce and I buy him out, I will then want to pay the mortgage company a lump sum to reduce my payments because my affordability to keep the mortgage on is not great enough based on what I earn. His name will be kept on the mortgage until I take over but I do not want him to benefit from any exta payments I make to reduce the mortgage, in terms of equity etc. What way around shall I do it all? He does not communicate AT ALL with me or people who are chasing him for fines, eg bus lane fines, parking fines, DVLA etc. Thank you.
i have split up with my ex we both have a joint mortgage on our house due to the circumstances i left the property with the children he is there now and refusing to leave so court if the only option left. what i want to know is is there anyway i can get money from the property to buy him out. because i understand if the court favour myself and the children he will still have the right to come to the house when he wants.
What I'm asking is - can my husband claim something back from my ex for the home improvements he had done while living with me? ?
He I havent cook for each other. Been sleeping in separate beds. Or spoken. Or stayed in the some rooms at the same time. Xmas we managed to travel to family together. But I said we should travel by separate cars. He said we travel in my car but agreed not to talk. So i accepted.
Then about two months ago he told me he wanted me to pay 50-50 for the bills etc., per month. I have found the money. And the other day he come home with shopping I said how much was that. And place half of the cost in the kitchen.
I paid him by by cheque because it kept not giving me he bank details. He said he did it on purpose. He was trying to hold off not having the money.
But that is what I grown to like. Its a struggle. But easier then putting up with him, he moods and complaints.
Then two weeks ago he started cooking and buying me clothes. I told him we will be decent to each othe. But I wanted to stay in my bed and continue to pay my monthly sum of money to him.
Thats when he said in that case i want a sum of money for all the home improvements.
He has now said he wants £10,000.00 off of me for all the home improvements over the last 3.5 years since we have lived here.
It was joint decision to have all the improvements done. At the time things between us was better.
But now i like my new life of living separate lifes. I dont have to listen to he's moaning at me etc.,
I am happy and relax.
So it seems everytime I get myself settle in sorting out my finances. He throws somethings else at me.
I got the extra hours at work to try receive tax credits. I am going out more. By learning to buget days of practical money savings days.
Then this £10,000.00 is throw at me.
Does he have a right or not?
She is happy to sell and take little or no profit from it however I would like to stay in the house as to get on property ladder again would be difficult.
Obviously I would want her name taken off of the mortgage as although we are currently trying to sort amicably who knows if this might change in the future.
However my current salary would not provide me with anywhere near the required criteria if I were to apply for a new mortgage.
My family have advised that they will help out financially where needed but obviously will not be on the mortgage and my grandparents would act as a guarantor, with equity in their home, but are over 65.
I do have equity in the house as it it valued around £230,000 and the mortgage is only £180,000. I would also expect this equity to increase in the years coming up but don't want to lose out by partner coming back to try to claim if they change their current amicable nature.
Is there any hope that my lender would come to some agreement to amend mortgage to my name and let me try to continue paying?
Your thoughts?
I paid £50,000 deposit on our house from the sale of my previous house I saved and paid all the fees.
I paid all 5years mortgage payments
I have now paid the mortgage off 17 years early by cashing in my endowment from my previous mortgage (paid in for 19 years )
and a large part of a redundancy
package I received. my wife has contributed nothing financially to these payments
I feel its so unfair that my wife can just turn round and say she doesn't love me anymore and walk away with half of everything and the courts don't take into consideration the above.
I paid every
The mortgage has now finished and the house is Mortgage free.
The difficulty is that the house belonged to my wife when we married and my name is not on the deeds and it is solely in her name.
She paid an initial deposit of £25,000 18 years ago and the house is now valued at £360,000.
To buy her out I was going to offer her the original £25,000 and 1/2 of the balance.
£360,000 - £25,000 = £335,000 of which half is £167,500
So I would offer her £25,000 + £167,500 to buy her out.
Any comments on the fairness of this offer would be appreciated?
Many thanks
David
Thanks
My ex husband and I are amicably divorced and I want to buy out his share of the family home. The house is currently without mortgage and I will be taking one out. The mortgage company solicitors are happy to manage the transfer of equity for a fee. Do I need my own solicitor to manage anything else?
Many thanks
is it value of the property minus mortgage balance? any taxes?
Thanks
My ex may possibly be buying me out of our houye . what is the fair way to ensure that I am getting what is mines and not ripping him off? Half deposit plus whatever house is worth now to when we bought, subtract difference and then half the difference? Can anyone help please?
We brought the house before we were married and we have both always paid 50:50 on the monthly payments.
I no longer bank with the bank due to debt so pay my husband my half each month to pay the mortgage. The bank wont speak to me about the buy out.
My name is still on the deeds and I need him to buy me out.
My questions are:
1. He has told me the bank told him to get my name off the deeds before he looks at the buy out... Is that right????
2. He wants me to help pay for new windows and door before this goes ahead, he cant make me?
3. He wants me to pay to have my name off the deeds, I have paid all solicitors fees and to be honest she has been rubbish, its taken 3 years to get this far.. Can he make me?
I am the petitioner, I just want a fresh start for me and the kids but I am not going without the funds I need to set up our new home.
Please could someone advise, all responses are welcome. I wont go to my solicitor, she is hopeless and I have paid so much already.
Thank you
The house was bought after we got married over 10yrs ago but it is in his sole name.
I started to pay half mortgage when i went into full time employment about 5 yrs ago and he still pays the other half. He doesn't contribute with anything else financially.
I don't know about his earnings but he's living with his gf who also works and they have just rented a property together. They lived in flat at her parents' property but was too small for them and my kids (1 bedroom!) He wants to sell our house so he can use whatever is left to buy the whole of his gf's parents' house (and kick theother tenant out).
Our kids spend 1 week with him and then 1 week with me; it's an amicable arrangement but I don't like it though. In my view, this is their home and I'm their mother so they should be with me most of the time.
I'm ready to start divorce proceedings but I want to know what are my options regarding buying him out or being able to livein the property until my youngest is 18yrs old.
if redundancy package comes the way of the man,in a couple yrs
can ex,wife make a claim on it.
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