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  • FIRST POST
    • Helpmeifyoucan
    • By Helpmeifyoucan 12th Mar 17, 2:26 PM
    • 14Posts
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    Helpmeifyoucan
    Mortgage seperation advice pls- complex
    • #1
    • 12th Mar 17, 2:26 PM
    Mortgage seperation advice pls- complex 12th Mar 17 at 2:26 PM
    Hello,

    Please can I get some advice? My ex partner and I are tenants in common on our property that I am am occupying with our 11 year old son. We both own the property.

    My uncle sold me the property at below market price to avoid capital gains tax (I didn't even know what this meant at the time, I was young). It therefore appears that my ex put in 50% more deposit.

    He has rarely worked since I have known him. He wasn't working when we took the mortgage out but we got it on the strength of my ability to re-pay. He has paid virtually nothing towards anything in the property/mortgage and I have had a child maintenance claim running against for years- whereby he has also paid virtually nothing.

    My ex partner moved out 7 years ago. On paper it appears that he paid £28k to my £14k. My ex painted one room- I have paid for and refurbished all of the rest of the property- at least £10k's worth.

    We (my family) want to avoid going to court, we think (for obvious reasons).

    What claim might my ex have in this situation pls? How's can I get out of this mess- does anyone have any bright ideas pls? We were never married.

    Many thanks all
Page 1
    • steeeb
    • By steeeb 13th Mar 17, 7:49 AM
    • 364 Posts
    • 188 Thanks
    steeeb
    • #2
    • 13th Mar 17, 7:49 AM
    • #2
    • 13th Mar 17, 7:49 AM
    You say remnants in common. What split? 50/50? Was there any deed or anything signed to explain how it's split?

    What was the purchase price?
    • silvercar
    • By silvercar 13th Mar 17, 8:35 AM
    • 35,293 Posts
    • 148,933 Thanks
    silvercar
    • #3
    • 13th Mar 17, 8:35 AM
    • #3
    • 13th Mar 17, 8:35 AM
    My uncle sold me the property at below market price to avoid capital gains tax
    Leaving aside that this shouldn't be possible with related parties ie the CGT should have been calculated at market value, why would this mean that your ex put in a larger deposit? Either he did or he didn't.

    How the property is owned legally is what counts - joint tenant would assume a 50/50 split. Though a child and your need to stay in the property may give you more.
    • Helpmeifyoucan
    • By Helpmeifyoucan 15th Mar 17, 8:35 AM
    • 14 Posts
    • 0 Thanks
    Helpmeifyoucan
    • #4
    • 15th Mar 17, 8:35 AM
    • #4
    • 15th Mar 17, 8:35 AM
    All documents were stolen when ex's mother did an uninvited/unknown house clearance!

    Solicitors have folded. New firm says documents destroyed after 7 years.

    So my uncle sold us the house and knocked £14k off to avoid CGT. So paper trail- bank statements show ex as putting in twice as much. Don't know where I stand with that.
    • Helpmeifyoucan
    • By Helpmeifyoucan 15th Mar 17, 8:36 AM
    • 14 Posts
    • 0 Thanks
    Helpmeifyoucan
    • #5
    • 15th Mar 17, 8:36 AM
    • #5
    • 15th Mar 17, 8:36 AM
    I don't want to quote the value in open forum but could mage you if relevant. I really appreciate your responses. Thank you
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