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    • Cat236
    • By Cat236 17th Jun 17, 8:48 AM
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    Cat236
    Does his ex get half his house even she never lived there?
    • #1
    • 17th Jun 17, 8:48 AM
    Does his ex get half his house even she never lived there? 17th Jun 17 at 8:48 AM
    I need help, my boyfriend and I are buying a house together he is selling his house to do this. Everything has been going great with the process of selling until the solicitors have told us that any profit of the house will be shared with his ex.
    When my boyfriend bought his house 8 years ago, he solely bought the house in his name with a little help from his dad (his dad went down as a lender). The intention was that his ex would move in at some point so he put her down as an occupatent of the house. She never contributed to the purchase in anyway. They broke up before she moved in so never bought or paid for anything in the house. When they first broke up he asked her to take her name off as occupant but she refused. He got a advise from a solicitor at the time who said he shouldn't worry about it.
    Now the solicitor says he has to give half of the profit of the house to her. She has never been back since the brake up and has never made a claim on the house. To give all this money for nothing after 8years seems crazy. And without this money we can't really afford the house we want.
    Heartbroken that this happening can anyone give any advise please?
Page 2
    • FBaby
    • By FBaby 17th Jun 17, 12:39 PM
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    FBaby
    You would normally draw a Declaration of Trust if you provide a financial input into a property, but for some reason, that person can't, or it's agree that they wouldn't be named on the Deeds.

    Are you sure that she didn't contribute a penny, maybe the deposit, in addition to what your partner's father contributed?

    She would be entitled to what is written in the Declaration of Trust if he sold the house.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 12:51 PM
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    ScorpiondeRooftrouser
    Declaration of trust is a completely seperate issue to ownership. I still fail to see why any of this justifies calling him an idiot.
    Originally posted by GwylimT
    Well, it seems that there are three possibilities, either:

    1. He has given away 50% beneficial interest in the property for nothing to somebody he wasn't married to and never even lived there.

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

    3. He is lying to his current partner about what he did at the time.

    "idiot" doesn't seem a million miles away.
    • Cat236
    • By Cat236 17th Jun 17, 12:52 PM
    • 16 Posts
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    Cat236
    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
    • By Red-Squirrel 17th Jun 17, 12:52 PM
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    Red-Squirrel
    Has anybody actually contacted the ex?
    • frugalmacdugal
    • By frugalmacdugal 17th Jun 17, 12:57 PM
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    frugalmacdugal
    Hi,


    2. He never understood half what he was doing and has subsequently forgotten the half that he did..
    Originally posted by ScorpiondeRooftrouser
    he was in love at the time and envisaged a lifetime of bliss and contentment.
    Y'all take care now.
    • frugalmacdugal
    • By frugalmacdugal 17th Jun 17, 12:58 PM
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    frugalmacdugal
    Hi,

    Has anybody actually contacted the ex?
    Originally posted by Red-Squirrel
    and is she really wanting a cut, maybe she is living in a mansion now.
    Y'all take care now.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 12:58 PM
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    ScorpiondeRooftrouser
    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.
    Originally posted by Cat236
    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.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 1:01 PM
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    ScorpiondeRooftrouser
    Has anybody actually contacted the ex?
    Originally posted by Red-Squirrel
    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
    • By Red-Squirrel 17th Jun 17, 1:09 PM
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    Red-Squirrel
    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.
    Originally posted by ScorpiondeRooftrouser
    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
    • By frugalmacdugal 17th Jun 17, 1:17 PM
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    frugalmacdugal
    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.
    Originally posted by ScorpiondeRooftrouser
    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'.
    Y'all take care now.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 1:17 PM
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    ScorpiondeRooftrouser
    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?)
    Originally posted by Red-Squirrel
    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
    • By Cat236 17th Jun 17, 1:18 PM
    • 16 Posts
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    Cat236
    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.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 1:20 PM
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    ScorpiondeRooftrouser
    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.
    Originally posted by Cat236

    I don't think this would ever have given her a legal right to force a sale.
    • Red-Squirrel
    • By Red-Squirrel 17th Jun 17, 1:21 PM
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    Red-Squirrel
    She wouldn't have a claim until the house was actually sold.
    Originally posted by ScorpiondeRooftrouser
    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
    • By frugalmacdugal 17th Jun 17, 1:23 PM
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    frugalmacdugal
    Hi,

    no contact in 8 years, and no idea where she lives, jings, she might be dead.
    Y'all take care now.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 1:23 PM
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    ScorpiondeRooftrouser
    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!
    Originally posted by Red-Squirrel
    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
    • By Red-Squirrel 17th Jun 17, 1:28 PM
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    Red-Squirrel
    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.
    Originally posted by ScorpiondeRooftrouser
    I'll admit, I have no idea, but none of it is brilliantly clear anyway.
    • Cat236
    • By Cat236 17th Jun 17, 1:41 PM
    • 16 Posts
    • 1 Thanks
    Cat236
    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
    • By frugalmacdugal 17th Jun 17, 1:46 PM
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    frugalmacdugal
    Hi,

    if she is entitled to anything, will it be half house value or half the 'profit' which wouldn't be too bad.
    Y'all take care now.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 1:53 PM
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    ScorpiondeRooftrouser
    Hi,

    if she is entitled to anything, will it be half house value or half the 'profit' which wouldn't be too bad.
    Originally posted by frugalmacdugal
    Almost certainly half the balance after the mortgage is paid off.
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