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Does his ex get half his house even she never lived there?

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Comments

  • Cat236
    Cat236 Posts: 16 Forumite
    My boyfriend says she gave him no money at all for anything.
    From what he has said when he bought the house it needed work doing to it. He had the money to buy it and pay for some of the work. What was decided was when his ex moved in she would take out a loan and they would do up the rest of the house. I think that was why they had the decalartion of trust done so when her money went into the house it was safe. If she lived or put money into the house I could accept that he should give her money for the house. But it's the fact she never lived or put money into the house where it feels unfair.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    Has anybody actually contacted the ex?
  • frugalmacdugal
    frugalmacdugal Posts: 10,077 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Hi,

    2. He never understood half what he was doing and has subsequently forgotten the half that he did..

    he was in love at the time and envisaged a lifetime of bliss and contentment.
  • frugalmacdugal
    frugalmacdugal Posts: 10,077 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Hi,
    Has anybody actually contacted the ex?

    and is she really wanting a cut, maybe she is living in a mansion now.
  • Cat236 wrote: »
    My boyfriend says she gave him no money at all for anything.
    From what he has said when he bought the house it needed work doing to it. He had the money to buy it and pay for some of the work. What was decided was when his ex moved in she would take out a loan and they would do up the rest of the house. I think that was why they had the decalartion of trust done so when her money went into the house it was safe. If she lived or put money into the house I could accept that he should give her money for the house. But it's the fact she never lived or put money into the house where it feels unfair.

    It's incredibly unfair. Essentially he gave her the interest in the house in anticipation of a future payment and she never made the future payment. However, unless the legal document mentions that future payment, it's not part of the legal contract. So legally, he seems to be screwed. He was incredibly poorly advised to do things this way around; it's like signing a contract to give a car to somebody if they tell you verbally they will pay next month, but they will pay you the money as a gift in an entirely separate transaction. You have to tie the two together.

    Don't worry about whether she lived there; it's irrelevant.
  • Has anybody actually contacted the ex?

    The first post says " When they first broke up he asked her to take her name off as occupant but she refused. ", so that doesn't bode well.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    The first post says " When they first broke up he asked her to take her name off as occupant but she refused. ", so that doesn't bode well.

    That was 8 years ago though! Very likely she's moved on and possibly even forgotten, after all she's not been trying to claim her share so far.

    (or maybe the boyfriend isn't being entirely open and honest here?)
  • frugalmacdugal
    frugalmacdugal Posts: 10,077 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Hi,
    The first post says " When they first broke up he asked her to take her name off as occupant but she refused. ", so that doesn't bode well.

    that was 8 years ago, she'll have a new life now, and probably various boyfriends since.

    Unless she keeps track on things waiting for a 'kill'.

    Mmm, that would be a good ploy, agree to buy house together and move in, get name on documents, then split, would only have to do one every couple of years, and then go for the 'kill'.
  • That was 8 years ago though! Very likely she's moved on and possibly even forgotten, after all she's not been trying to claim her share so far.

    (or maybe the boyfriend isn't being entirely open and honest here?)

    She wouldn't have a claim until the house was actually sold.

    In fact, it might ( I don't know) actually be incumbent on the solicitor to pay the money directly to the named beneficiaries on sale. So you'd then be reliant on her giving it back.
  • Cat236
    Cat236 Posts: 16 Forumite
    So a lot posts came at once so I'll try to answer as best.
    No contact with ex just yet. He's not been in contact with her since they ended the relationship. He doesnt know where she is but we will trying to find her now. Without going to personal he caught her cheating on him, he wanted to break up she got mad and went to live with the other man. I think that's why she refused to change the decalartion. Looking at that information it doesn't bode well. Though for eight years she's made no contact to even talk about the house. she could of asked him to sell so maybe that's a positive maybe she's over the whole thing.
    He was advised wrong about the declaration twice when it was put in place and when she refused to take her name off it. A solicitor told him not worry about it. so can't blame him in that way and he was in love at the time. You don't think your going to breakup in the moment.
    Trying to keep hopefull but it doesn't look good.
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