[Ellygrace1]

I'm selling my house that is jointly owed by myself and my ex husband.
He hasn't contributed anything in 6 years and also, a loan he had has been charged to the property so will be paid off before any equity left is paid out. I have tried to be civil and under the circumstances explained that the loan being paid was to be considered his share of the house as after that is paid there will only be around £1000 left anyway.
He has refused to agree to this so I have instructed the solicitor to hold all money left over until an agreement is reached.
How much am I looking at in court costs and can I reclaim any mortgage payments from him as he's not paid at all??
We have a 9 year old son and he hasn't provided for him either, it's not really about the money, just the fact that his loan is being paid in full, he hasn't paid ANYTHING into the property in 6 years and now wants half As well.
Any help or advice would be appreciated.

[J_9]

What was set up in your divorce decree about this?

[Ellygrace1]

What was set up in your divorce decree about this?

Nothing at all.
There was a lot of back and forth with regards to buying the other out but neither was in the position to do so.
No agreement was reached.
I had moved out as he was abusive but came back to the property and had him removed and continued to pay everything on my own.

[joypulv]

Sale of the house is going to be totally separate from all your internal differences: his lien will be paid off, the lender will be paid off, and you two will split the difference. You have to sue him separately in civil court for what you feel is your share for keeping up the payments. He apparently feels that he shouldn't pay more because you had him removed from the house, so he had expenses for a new place. Hashing it out could get expensive legal time by the hour.
Maybe your best bet is to agree to arbitration, which will cost less. But he has to agree to it, and it sounds like he won't.
You should have had this all handled in the divorce settlement.

[Fr_Chuck]

Unless there is some agreement for him to pay this back or court order from divorce, I do not see where you can win the money from him for his "share" you both equally owed the full amount.

[AK lawyer]

it's not really about the money

Sure it is. That's exactly what it is.

[Ellygrace1]

Sure it is. That's exactly what it is.

Well no, not really!
He's paid nothing into a house he is jointly responsible for!
Hardly decent really.
But thanks for your 'help'

[joypulv]

Of course it's about money. You want money. He doesn't feel he owes money.
I take it he took out a loan against the home to live somewhere after you threw him out.
I'm not so sure you have much of a case in court.
He's paid nothing into a house you had him forcibly evicted from. Why would he pay for two places to live if this didn't get settled in divorce court?

You asked how much this would cost. It would cost by the hour, so as much as you feel like arguing. You could spend more than you end up getting, bottom line, which might be the half you would get without all the fees.