PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

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

Options
12467

Comments

  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Options
    Cat236 wrote: »
    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.


    I don't think this would ever have given her a legal right to force a sale.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    Options
    ScorpiondeRooftrouser wrote: »
    She wouldn't have a claim until the house was actually sold.

    She could have forced a sale though, if she thought she had a share and harboured ill will towards the ex. It has to be worth speaking to her sooner rather than later.

    She might even understand the actual situation better than the OP's boyfriend!
  • frugalmacdugal
    frugalmacdugal Posts: 10,077 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    Hi,

    no contact in 8 years, and no idea where she lives, jings, she might be dead.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Options
    Red-Squirrel wrote: »
    She could have forced a sale though, if she thought she had a share and harboured ill will towards the ex. It has to be worth speaking to her sooner rather than later.

    She might even understand the actual situation better than the OP's boyfriend!

    I don't believe that having a beneficial interest can enable you to force a sale if you have no actual ownership of the house. I may be wrong.
  • Red-Squirrel_2
    Red-Squirrel_2 Posts: 4,341 Forumite
    Options
    ScorpiondeRooftrouser wrote: »
    I don't believe that having a beneficial interest can enable you to force a sale if you have no actual ownership of the house. I may be wrong.

    I'll admit, I have no idea, but none of it is brilliantly clear anyway.
  • Cat236
    Cat236 Posts: 16 Forumite
    Options
    That's the problem nothing about this is clear. Solicitors tells him on Friday so for the weekend nothing can be done on there side. He's trying old contacts that may know where she is to a least maybe work something out. I guess I just wanted to be prepared on what might be the out come of it all and what options we've got if it doesn't go the way we want. Which is likely.
    How depressing
  • frugalmacdugal
    frugalmacdugal Posts: 10,077 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    Hi,

    if she is entitled to anything, will it be half house value or half the 'profit' which wouldn't be too bad.
  • ScorpiondeRooftrouser
    ScorpiondeRooftrouser Posts: 2,851 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Options
    frugalmacdugal wrote: »
    Hi,

    if she is entitled to anything, will it be half house value or half the 'profit' which wouldn't be too bad.

    Almost certainly half the balance after the mortgage is paid off.
  • Cat236
    Cat236 Posts: 16 Forumite
    Options
    Not sure exactly. So when he bought the house he lent money off his dad. In the decalartion of trust his dad gets his money back. And then owner and the occupier split the rest. 50/50.
    The problem comes from not budgeting for this. We're buying a house together 50/50 with that and savings we could do repairs on the new house comfortably. If he has to give her half he won't be able to buy 50/50 I would have to put up more money and I don't know how the rest would work.
  • glentoran99
    glentoran99 Posts: 5,821 Forumite
    First Anniversary Combo Breaker First Post Debt-free and Proud!
    Options
    Cat236 wrote: »
    Not sure exactly. So when he bought the house he lent money off his dad. In the decalartion of trust his dad gets his money back. And then owner and the occupier split the rest. 50/50.
    The problem comes from not budgeting for this. We're buying a house together 50/50 with that and savings we could do repairs on the new house comfortably. If he has to give her half he won't be able to buy 50/50 I would have to put up more money and I don't know how the rest would work.

    make sure you get a declaration of trust drawn up.....
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards