Logically if you go the full distance with the mortgage until it is cleared he will still be entitled to half the value if the property is sold, while you will have paid most, if not all, of the payments. This is a separate issue from the money he is supposed to be paying you for the maintenace of your children. I suggest you need legal advice from a solicitor as soon as possible - I believe you can get the first half hour of a consultation free at some solicitors - or try the Citizens Advice Bureau initially for a start. Either way you are going to have to take some time off.

The division of the assets starts from when he moved out at Xmas. If he hasn't made any mortgage payments since then he doesn't get to share in any gain in value.

At the end of last year he was entitled to half the equity in the house. For every month he doesn't pay towards mortgage, insurance, council tax, repairs, his share decreases by 50% of the essential costs of running the property.

Get it sorted ASAP. Base rate and your mortgage will rise sooner rather than later.

He owns half of all equity no matter what he owes you..

His ownership interest in the property and this little arrangement with you are completely different things. His failure to pay you anything has nothing to do with the mortgage.

Find a solicitor who is open in the evenings or on a Saturday - or take some time off to sort this out. Nobody here can help (although plenty think they can!).

Get an Atty now. You keep paying he keeps racking up half the equity if it is both your names. you need an Atty so take a day off to handle this.

I split with my partner of 21 years at xmas,we had/still have a joint mortgage on the property which was purchased in 1993 ,however he did a few equity releases on it ,the latest being about a year ago when we switched lenders and restarted the mortgage over 25 years again.

As we were not married i know we are tenants in common or something similar,I need to get proper legal advice but working everyday from 8 not getting home til 6pm it is impossible for me to get to a solicitor for advice.

Basically he agreed to pay me ￡100 a week towards maintenance for our 2 children on a family based arrangement not going through csa/child maintenance options,however he had been missing payments here and there and now has told me he is no longer working so has not paid me anything for around 2 months,looking at all the missed payments since he left boxing day he owes around ￡1100.

As he is no longer contributing is he still entitled to his half of the property? ,i was thinking as we only took the new mortgage out last year would it only be those payments that would count towards his percentage,or from when we originally bought the property in 1993, I cannot remove him from it as I have read you have to remortgage,pay off existing and start over again which on my wage I doubt would be accepted,as i would have to remortgage for more to buy him out.

I can make the current mortgage payments by myself,so that isnt an issue ,he moved away and in with the girl he cheated on me with.