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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 3
    • Cat236
    • By Cat236 17th Jun 17, 1:58 PM
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    Cat236
    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
    • By glentoran99 17th Jun 17, 2:11 PM
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    glentoran99
    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.
    Originally posted by Cat236
    make sure you get a declaration of trust drawn up.....
    • 00ec25
    • By 00ec25 17th Jun 17, 2:23 PM
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    00ec25
    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.
    Originally posted by Cat236
    you do not "lent" money off someone, you borrow money off someone (sorry but that's a pet hate)

    Per your first post there is no mortgage on the property so there is no need to pay off a mortgage to an external lender before the money is split. However, what you have written does not explain if the father gets back merely the exact sum he loaned or whether he gets back that sum + some of the increased value of the property? (ie has he effectively lost out because he has given his son an interest free loan)

    you say the rest gets split 50/50 so, yes, the ex stands to get a lot of "free" money

    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.
    Originally posted by Cat236
    i can't see where else you can go with this thread. The declaration of trust has come to the attention of your conveyancing solicitor. The solicitor therefore has a professional duty to ensure that its terms are met. Whether the DoT can be "overturned" is a legal question you will need to ask a lawyer.

    You need to wait until Monday and get proper legal advice - if necessary seeking a second opinion from a different lawyer.

    Finding the ex so she can either be asked to agree to forgo the DoT entitlement, or to actually pay the money to her, is potentially not that difficult to do as the solicitor will doubtless have contacts with tracing agencies etc who do that sort of thing.
    • Cat236
    • By Cat236 17th Jun 17, 2:28 PM
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    Cat236
    I'll definitely get the decalartion that is if we ever get to buy a house
    • Cat236
    • By Cat236 17th Jun 17, 2:40 PM
    • 16 Posts
    • 1 Thanks
    Cat236
    The father only gets what he paid into the property. Interest free loan.
    When the money was thought to be going to just to my boyfriend we we're going to give extra money to him as a thankyou.
    Like I said I just wanted to be a little more prepared as to what will be said on Monday. Friday afternoon was a big shock for me. Thankyou for everyone's thoughts and advise.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 2:46 PM
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    ScorpiondeRooftrouser
    Is it correct that there is no mortgage? I can't see that in the first post.
    • Cat236
    • By Cat236 17th Jun 17, 2:50 PM
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    Cat236
    There is a mortgage. The money he will half is after that is paid off.
    Sorry that didn't say, thought I had put all the details.
    • Red-Squirrel
    • By Red-Squirrel 17th Jun 17, 2:51 PM
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    Red-Squirrel
    I'll definitely get the decalartion that is if we ever get to buy a house
    Originally posted by Cat236
    Sorry, but its 'declaration' as in something you declare.

    (Don't like to be the spelling police, but wouldn't want you to be embarassed if you pronounced it like that to a solicitor or the ex.)
    • Cat236
    • By Cat236 17th Jun 17, 2:55 PM
    • 16 Posts
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    Cat236
    Thanks, typing fast and not reading over what auto correct has done.
    • Red-Squirrel
    • By Red-Squirrel 17th Jun 17, 2:56 PM
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    Red-Squirrel
    Thanks, typing fast and not reading over what auto correct has done.
    Originally posted by Cat236
    Thanks for not being offended! Only mentioned it because it was more than once.
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 3:08 PM
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    ScorpiondeRooftrouser
    There is a mortgage. The money he will half is after that is paid off.
    Sorry that didn't say, thought I had put all the details.
    Originally posted by Cat236
    I assumed there was, it's just that a poster above said there wasn't.
    • 00ec25
    • By 00ec25 17th Jun 17, 3:34 PM
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    00ec25
    I assumed there was, it's just that a poster above said there wasn't.
    Originally posted by ScorpiondeRooftrouser
    that's because the first post says his father went down as lender and so I'd assumed there was no mortgage lender as well. Just another instance of posts which miss out key details and then drip feed them in subsequent ones
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 17th Jun 17, 4:40 PM
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    ScorpiondeRooftrouser
    that's because the first post says his father went down as lender and so I'd assumed there was no mortgage lender as well. Just another instance of posts which miss out key details and then drip feed them in subsequent ones
    Originally posted by 00ec25
    That's an unwarranted assumption on your part rather than a drip-feeding of information.
    • FBaby
    • By FBaby 17th Jun 17, 5:53 PM
    • 15,622 Posts
    • 39,092 Thanks
    FBaby
    So he agreed to include her in the Declaration of Trust, to make her beneficiary of the amount she said she would pay at a later date.... well, I have to say, that is a seriously idiotic thing to do.

    And the idiocy didn't stop there, when he found out she cheated, he decided to challenge her, rather than going quiet and pleasantly over a nice candlelight meal, saying that he had got builders ready to start on the house and it would be nice if she transferred the money the following day before dumping her a few days later.

    Most likely she is not a nasty piece of work and won't use the opportunity of his lack of brains to get something she shouldn't be entitled to.
    • davemorton
    • By davemorton 17th Jun 17, 9:36 PM
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    davemorton
    Almost certainly half the balance after the mortgage is paid off.
    Originally posted by ScorpiondeRooftrouser
    (*Disclaimer* I know nothing about the legalitys, or the ability to do what I am about to say, just genuinely curious)
    So, if she gets half after the mortgage is paid, could he not just remortgage it to the hilt, then sell it?
    Im a board guide on Pie Making Moneysaving. I'm a volunteer to help the pie production & consumption run smoothly. I can help merge tastes and fillings. Any pies made are mine & are not those of other Moneysavingexperts. Im a board guide not a qualified baker and as such do not make every type of pie. If you spot a quiche or flan please report it.
    • Red-Squirrel
    • By Red-Squirrel 17th Jun 17, 9:46 PM
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    Red-Squirrel
    And the idiocy didn't stop there, when he found out she cheated, he decided to challenge her, rather than going quiet and pleasantly over a nice candlelight meal, saying that he had got builders ready to start on the house and it would be nice if she transferred the money the following day before dumping her a few days later.
    Originally posted by FBaby
    Wow! Obviously cheating is bad but that's seriously cold, remind me never to get on your bad side!
    • getmore4less
    • By getmore4less 18th Jun 17, 6:38 AM
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    getmore4less
    What does the trust document say, ALL of it?

    It would be negligent for the beneficial interest to kick in before any money was input.

    was it drawn up by a solicitor?

    If there is no way it can be nulled/frustrated as a contract there may have been a partial get out by increased borrowing
    • ScorpiondeRooftrouser
    • By ScorpiondeRooftrouser 18th Jun 17, 10:50 AM
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    ScorpiondeRooftrouser
    (*Disclaimer* I know nothing about the legalitys, or the ability to do what I am about to say, just genuinely curious)
    So, if she gets half after the mortgage is paid, could he not just remortgage it to the hilt, then sell it?
    Originally posted by davemorton
    I'm pretty sure the original legal document would specify the mortgage that was in place at the time. Lawyers think of this sort of thing.
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