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  • FIRST POST
    • Claire415
    • By Claire415 15th Jun 17, 4:24 PM
    • 1Posts
    • 0Thanks
    Claire415
    Relationship breakdown. Joint home owners
    • #1
    • 15th Jun 17, 4:24 PM
    Relationship breakdown. Joint home owners 15th Jun 17 at 4:24 PM
    Hi everyone
    Now in not sure if I'm posting this in the correct forum but I'll give it a go...

    Last year me and my now ex partner purchased a house together, we bought it in joint tenancy and I paid £10,000 deposit in agreement to him paying most of the mortgage each month.

    We split in December not very amicably and u have asked for my deposit back (I only lived in the house 5/6 months)

    He kicked me out.. changed the locks... Still has approx £1000 of my possessions there (if they haven't been thrown out)

    Won't let me go to collect any of my things.
    I have got a solicitor involved but at the moment I've paid £200 solicitors fees for absolutely no relevant advice whatsoever.

    Am I entitled to my deposit back? What should i do?

    I'm at a loss because I'm £10,000 down so cannot buy a new home and it seems so unfair as he's living in the 4 bedroom house and I've not got a penny!!
    It's really upsetting me as I don't feel like I'm getting anywhere

    Any advice would be greatly appreciated

    Kind regards
Page 1
    • Thrugelmir
    • By Thrugelmir 15th Jun 17, 4:32 PM
    • 54,777 Posts
    • 47,656 Thanks
    Thrugelmir
    • #2
    • 15th Jun 17, 4:32 PM
    • #2
    • 15th Jun 17, 4:32 PM
    I have got a solicitor involved but at the moment I've paid £200 solicitors fees for absolutely no relevant advice whatsoever.
    Originally posted by Claire415
    Unfortunately there's little a solicitor can advise you to do. Are you still contributing to the mortgage?
    “ “Bull markets are born on pessimism, grow on skepticism, mature on optimism, and die on euphoria. The time of maximum pessimism is the best time to buy, and the time of maximum optimism is the best time to sell.” Sir John Marks Templeton
    • Pixie5740
    • By Pixie5740 15th Jun 17, 4:35 PM
    • 10,765 Posts
    • 14,866 Thanks
    Pixie5740
    • #3
    • 15th Jun 17, 4:35 PM
    • #3
    • 15th Jun 17, 4:35 PM
    Is there a declaration of trust in place? If not then the starting point for negotiations is a 50/50 split of any equity.

    What has your solicitor advised you to do so far?
    Annual income twenty pounds, annual expenditure nineteen pounds nineteen and six, result happiness. Annual income twenty pounds, annual expenditure twenty pounds nought and six, result misery.
    • theartfullodger
    • By theartfullodger 15th Jun 17, 4:39 PM
    • 8,821 Posts
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    theartfullodger
    • #4
    • 15th Jun 17, 4:39 PM
    • #4
    • 15th Jun 17, 4:39 PM
    Good advice available on citizens advice & shelter websites. But complicated area.
    • ThePants999
    • By ThePants999 15th Jun 17, 4:40 PM
    • 726 Posts
    • 825 Thanks
    ThePants999
    • #5
    • 15th Jun 17, 4:40 PM
    • #5
    • 15th Jun 17, 4:40 PM
    First thing to note is that as joint owner, he's got no right to kick you out. You're as entitled to live there as he is. Call a locksmith of your own
    • saajan_12
    • By saajan_12 15th Jun 17, 5:19 PM
    • 642 Posts
    • 420 Thanks
    saajan_12
    • #6
    • 15th Jun 17, 5:19 PM
    • #6
    • 15th Jun 17, 5:19 PM
    As Pixie says, the default is 50/50, unless you agree / can show otherwise. So you'd get £5k back. Plus presumably the ex did pay the lion's share of the mortgage for 5-6 months - how much was the difference there?

    So overall you should be a couple of £k down - I understand still a lot, but hopefully easier to handle than the full £10k.

    More importantly though, what is the plan for the ownership / mortgage going forward? If one of you can take on the mortgage alone, they should buy the other out, or sell to market and decide how to split the equity. If it is really a permanent split, then don't stay on the mortgage/property together, as either defaulting on the payments will affect both your credit etc.
    • elsien
    • By elsien 15th Jun 17, 5:27 PM
    • 14,889 Posts
    • 37,181 Thanks
    elsien
    • #7
    • 15th Jun 17, 5:27 PM
    • #7
    • 15th Jun 17, 5:27 PM
    The default is 50/50 if they are married. The OP calls the ex a partner so they may not be.
    He can't stop you entering the house and collecting your things though, or just throw you out. You may not want to stay there till the house is sold (or whatever the plan is) but what's making you not go back for your things? The unpleasantness or are you scared of him?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
    • TBagpuss
    • By TBagpuss 15th Jun 17, 8:29 PM
    • 5,775 Posts
    • 7,546 Thanks
    TBagpuss
    • #8
    • 15th Jun 17, 8:29 PM
    • #8
    • 15th Jun 17, 8:29 PM
    The default is also 50/50 where you own as Joint Tenants.

    If you are asserting that it is not 50/50 you have to be able to prove that there was a joint intention to have a different split.
    In this case, the agreement was that he would pay more to the mortgage, not that OP would have the deposit back when the house is sold.

    You *may* be able to make an argument for more but it would be a costly process.

    You would need to take advice from a solicitor who deals with ToLATA cases.

    As others have said, you have as much right to be in the property as him. You would not be breaking any law if you were t go back with a locksmith in order to gain access to the house and recover your property.

    Alternatively, you could ask the police to go with you so you can gain access and collect your belongings.

    I am guessing that you don't actually want to move back in while he is still there? You're free to do so.

    Ultimately, if your ex won' cooperate, it would be possible for you to force a sale of the house to get your share of the equity out,or for either of you to remortgage into your sole name and buy the other out (if you can afford it)

    Bear in mind that if you have only bought recently, selling the house now is likely to mean you have early redemption charges on the mortgage so you may find it makes better financial sense not to force a sale immediately.
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