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Legal advice post-separation

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  • HowieLO6
    HowieLO6 Posts: 9 Forumite
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    Comms69 wrote: »
    Oh I see, you still think you have a chance.


    You see if someone did that to me, I'd ensure I made life as uncomfortable as possible

    Its less that and more that I adore her family. They're good people and worry about her enough as it is. I suspect it wouldn't do me any favours being back there too. That said, pretty perceptive of you, I'll give you that!
  • HowieLO6
    HowieLO6 Posts: 9 Forumite
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    xylophone wrote: »
    Is there no possibility that you would be able to buy her out after you have completed your studies and are working again?

    Well, I might be able to (I'm studying at a pretty good uni), but they won't finish until next May. She's the one who'd possibly be able to afford to buy me out at the moment. I've got around a 17% equity in it at the moment, so I suspect I would be able to, but thats a fair few months away. Is there something to consider in terms of timing of said buyout then?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    HowieLO6 wrote: »
    Its less that and more that I adore her family. They're good people and worry about her enough as it is. I suspect it wouldn't do me any favours being back there too. That said, pretty perceptive of you, I'll give you that!



    Best of luck buddy.


    Sometimes there needs to be some harsh comments, so if I was your friend and you told me the above I would say this: "she's using you, abusing your good nature and will never respect you."


    But we aren't friends, so I wont say that. Genuinely hope it works out, but being the nice guy is no better than being the nasty guy. I'd suggest a quick clean break. Her family may even just give her the cash to buy you out.
  • mrginge
    mrginge Posts: 4,843 Forumite
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    HowieLO6 wrote: »
    No, but I suspect she will. Very much her driving this, as I was very much the one driving the side of endeavouring to work through things. I suspect that getting someone in to rent will mean she can use this when remortgaging under her name.

    Maybe tell her you’re in no rush to sort it out (even if you are) but if she wants to buy you out she can make you an offer.

    So you throw the ball back in her court and go from there.
  • HowieLO6
    HowieLO6 Posts: 9 Forumite
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    Comms69 wrote: »
    Best of luck buddy.


    Sometimes there needs to be some harsh comments, so if I was your friend and you told me the above I would say this: "she's using you, abusing your good nature and will never respect you."


    But we aren't friends, so I wont say that. Genuinely hope it works out, but being the nice guy is no better than being the nasty guy. I'd suggest a quick clean break. Her family may even just give her the cash to buy you out.

    Appreciate the honesty. Sometimes things need to be said. And given that they're minted, I suspect they'll do just that.
  • Lysimache
    Lysimache Posts: 192 Forumite
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    Have a chat with a lawyer just to make sure you aren't screwed if her family are quite minted. Doesn't mean you have to go down any sort of legal route but it may be helpful to pay someone to objectively look at the situation and see what % you should get etc?
  • G_M
    G_M Posts: 51,977 Forumite
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    edited 6 October 2017 at 7:06PM
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    I may have missed your answer but;

    do you own as joint tenants or tenants in common? That impacts on shares.

    Beyond that:

    * forget reconciliation- too late
    * forget her family - focus on moving on
    * find a financially mutually acceptable way forward
    * snice you can't afford to buy her out that leaves two options:
    a) she buys you out
    b) open market sale
    agree to whichever she prefers. Then move on wih your life

    * if she wants to buy you out, get 3 estate agents round and ask specifically for a realistic sale price - NOT just what they'd 'market' it for (often higher).
    Also look at recent sold prices of similar local properties.
    Then agree a market value for the property.

    As to how much you 'own' Vs her share, there are several ways to calculate, but start by answering the question above!
  • saajan_12
    saajan_12 Posts: 3,621 Forumite
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    HowieLO6 wrote: »
    - I believe its a TIC agreement. Even if it wasn't, I wouldn't want a 50/50 split. She's put more money into it and deserves said proceeds.
    G_M wrote: »
    I may have missed your answer but;

    do you own as joint tenants or tenants in common? That impacts on shares.

    OP- please do check and confirm, as this could cut short the debate on shares.
  • xylophone
    xylophone Posts: 44,412 Forumite
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    Would she agree to wait until you are in a position to buy her out?
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    If she wants to and can afford to just let her buy you out and move on with your life.

    If you want actual legal advice you will need to stick your hand in your pocket.
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