mortgage/house/legal question!?!?

[dac69er]

me and the ex girlfriend have split up. the house is currently mortgaged.


i am the one moving out and we had come to a decision as to how much she is paying me off. but she seems to have taken a u turn on that.


she paid in a larger proportion to begin with, but i have paid the mortgage and all bills inc home insurance etc for the past 2 years we have lived there.

where do i stand in a legal sense? can i claim half even though that isnt what i have paid into the house initially?

any help would be appreciated

 

[pig666eon]

are yous selling the house or is she going to live there?

assuming both names are down on the mortgage then she is obligated to give you half of what was put into the house unless you can prove that it was you paying the mortgage and no joint accounts ect. if not you can go to court but its a 50/50 cause you were happy paying for these as a couple until the split, judge could argue that you could of had similar bills renting and if you were to get back what you put in you would have been bill free for 2 years if you get me living rent free, she legally throw you out as your name is on the mortgage

if she doesnt meet you at least half way then you can legally sell the house, pay back the banks and keep whats left but if your only in it a few years im sure the interest hasnt even been paid on it so you would have to make more than what youve paid for the house if you get me in order to get a few quid back. id say your best bet would be to threaten her with this and see how she reacts if you cant get anywhere i would go to court for the money and failing all that then get and sell the house if you got nothing from court then you have nothing to loose by selling it it should piss her off then haha should cheer you up a bit

 

[dac69er]

she is staying in the house and taking out a new mortgage with her parents on it paying some of it as she cant afford it.

both our names are on the mortgage. no joint accounts, it was all my account paying for everything, but as said, she put the larger lump sum down initially.

i am only asking for what i put in and what i have paid off the mortgage. im not worried about the home improvements i have spent money on or money back from the bills etc.

we have about 80k equity in the house, based on the purchase price so would get 40k each if we split it, im only asking for 35k.

its her dad getting involved which is complicating things. we had an agreement and he is sticking his nose in and trying to stitch me up

 

[jam35]

seek legal advice from a solicitor dude, the situation your in could get really messy in terms of money, really speaking you both need to settle a legal aggrement so there are no come back in the future, for instance when the house is all paid for you stump up and say you put money in to it or vice versa there could be grounds for money owed if you dont go about it correctly.

keep everything from now until it is sorted on paper, ie no phonecalls to discuss it etc as you havent a leg to stand on if it went to court.

 

[GTdan]

go get some legal advice dude - usually get 60mins free anyway

 

[pig666eon]

right its a clearer pic

didnt know you had that much in it, doesnt matter what she or you put in thats what was put in total and since both your names are down as owners then you both have a 50% share in it simple as. if she wants to stay then she has to buy you out lad no question or you have the right to sell the house and recover your money that way. the choice is hers either way you will get your 50%, basically she has to buy your share of the house if she wants to stay if she doesnt then you go to court and the judge will give her the choice to stay or sell

 

[sx_turbo]

because the mortgage is in both names, then it has to go 50/50,

theres no u turn on that, also on your side you should have proof that you have been paying the bills for the past x years, and therefore there is no question,

 

[dac69er]

I wanted to keep away from solicitors if possible, but I have to I will. I'm not being unreasonable in my eyes. I have all my bills and everything since I have been here, so that is no problem.

I personally want to keep the house as I love it, but I have done the decent thing and said she can have it as she said she doesn't want to loose me and the house.

Will hopefully have a talk tonight and straighten things out.

Thanks for all the replies

 

[Ben89]

Sorry to hear about this, one thing you should defiantly make sure is your name is off the mortgage ASAP, if she misses a payment and your on the mortgage still things could get much worse for you. Is she going to remortgage giving you the remaining?

 

[WallaceGlanza]

I'm in exactly the same situation mate - moved out "my house" back in december now, still getting it sorted. It sucks.

You say the house is worth 80k so split down the middle its 40k each but unfortunately I don't see it as that straight forward, it's the mortgage that's worth that and for the first few years of you paying into the mortgage all your paying is interest - as I'm sure you know, so all you're going to get is the initial deposit you put down and half of whatever has come out the mortgage - ie fuck all!

At the moment the house is basically just worth what has come off the mortgage not the actual value. That's how I see it but I would like to hear otherwise though so I'm entitled to more money!!!

 

[Ted]

been through same thing. any solicitor will say the same, either the two of you split it 50/50 or the solicitor/court fees will likely soak up most of your equity. i found moving out a mistake as she just dragged her heels and lived there for 2 years while i paid half the bills. make her see sense, work with one solicitor for both sidea to keep the cost down and its not too bad.

i eventually bought my ex out after 2 years of stalling-fury of woman scorned an all that. feel for you mate.

 

[AdDaMan]

^^ @Wallace. No he said they have 80k equity in the house not an 80k mortgage.

Dunc its defo 50/50 mate. If they are being shitty about it get a lawyer and you will get 40k not the 35k you are asking. Your being more than fair.

 

[weeJohn]

Put her in the back garden, then you get a full share.

 

[WallaceGlanza]

^^ @Wallace. No he said they have 80k equity in the house not an 80k mortgage.

Dunc its defo 50/50 mate. If they are being shitty about it get a lawyer and you will get 40k not the 35k you are asking. Your being more than fair.

Yeah just re-read and noticed that. 50/50 as everyone says.... good luck!

 

[studoc72]

After 2 years of staying in a property together as long as it can be proven you lived there as a couple common law applies and you are entitled to 50% regardless of the sum of money put in by each party. Might be scottish law so i cant garuntee accordin to the mrs.