What are my rights if I'm the only one paying a joint mortgage in Mauritius?

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D
gices
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Hi,
I would like to ask some advice on a situation I'm in at the moment, I own a land with a half built house. Back in 2005 I jointly purchase this land with then fiancée. We got married in 2007 and separated in 2008. Mortgage was not being paid from 2008 - 2010 as x husband didn't to pay his share. In 2010 I got notice for. Seizure which was ignored by xhusband. He asked me to take over and take it, of course I didn't get things legally dealt and paid all arrears, it took 2yrs to do so, now is time for divorce and x has changed his mind and thinks he should still get half of property. I do not want to tie in a mortgage for 17yrs with him as I don't trust he will pay his share.

What are my options?

Many Thanks

3 Replies

gices
gices Level 6

Was the money for the repayment coming from a joint bank account? How about the arrears, how did you pay for it? From your own account?

D
DNA Level 1

Hi Gices,

Thanks for reply, from 2005 - 2007 money was trasfered from my personal acc to a joint acc each months as a direct debit, from there the mortgage get paid. X husband would lodge his share in joint acc sometimes he was not a good payer. When I took over the payment and arrears, I paid cash to lending society and all receipts is under my Name only. The lending society acknowledge me as the sole person making payment on this mortage, they advised me to take a new insurance on my name to cover mortgage.

Please let me know if you need more info.

Thanks a lot

gices
gices Level 6

From what you've said, you have proof that you've been making the repayments. Therefore you've got a leg to stand on and you can take your ex-husband to court and get the mortgage/property transferred in your name only.

There's a weakness in your situation though because your ex could argue that he was giving you half the money for the cash payment of the arrears but I suppose as long as you can prove it was not the case, you should be fine.

I'm not in the law profession btw so I'd advise you to get in touch with a solicitor as soon as possible to get things moving in your favour.

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