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  • FIRST POST
    • Doggy123
    • By Doggy123 6th Jul 17, 8:33 PM
    • 8Posts
    • 0Thanks
    Doggy123
    Can I do this?
    • #1
    • 6th Jul 17, 8:33 PM
    Can I do this? 6th Jul 17 at 8:33 PM
    I bought a property 4 years ago, my ex partner provided the deposit for me. Nothing is down on paper regarding this, however she is demanding that I sell the house as I have broken up with her as she has been up to no good. Can I decide to sell at negative equity? The chance to get my own back seems to good to pass as she has been plotting my downfall for quite a while now, she only cares about money and thinks she will make a lot of it from the sale while I will have nowhere to go.
Page 2
    • G_M
    • By G_M 6th Jul 17, 11:27 PM
    • 41,883 Posts
    • 48,470 Thanks
    G_M
    Oh for goodness sake.

    She lent you £5000.
    You owe her £5000.
    Pay her £5000.
    Get a receipt.

    What is all this rubbish about selling the property?
    And why deliberately sell below market value (if that's what you are proposing - totally bonkers.
    If you are genuinely in negatice equity, again - why sell? And if you really want to sell, you'll need to pay the outstanding balance or get the lender to agree to an unsecured loan.

    But the whole thread is pointless - just pay back the loan.
    • gettingtheresometime
    • By gettingtheresometime 6th Jul 17, 11:29 PM
    • 3,022 Posts
    • 6,984 Thanks
    gettingtheresometime
    That it was mine she told me to put it in the bank for a period of 4 months so they could not see it. She is definitely trying to play me. If I sell at less then mortgage I got will still be covered I will just have fees to solicitors/estate agents to pay. Any improvements to the house I have made have been paid for by me and all rates also.
    Originally posted by Doggy123
    So you'd sell at less than the mortgage owed & but pay off the mortgage using what you've saved so that a) you can't pay back the deposit she gave you & b) there's no equity which she would try & make a claim on.

    The pair of you are acting like children
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    • zagubov
    • By zagubov 6th Jul 17, 11:59 PM
    • 14,891 Posts
    • 127,198 Thanks
    zagubov
    If a (now former) friend leant you £5000 pounds and you fell out with them do you not realise you still owe them the money?

    You sound like you'd rather burn the money and give them the ashes.

    Give her her money.
    There is no honour to be had in not knowing a thing that can be known - Danny Baker
    • FBaby
    • By FBaby 7th Jul 17, 5:47 AM
    • 16,054 Posts
    • 39,924 Thanks
    FBaby
    Sounds like you both played the system well for years, and you are now making it sound like she was the only person doing so whilst you were the victim to it all.

    The irony is that it backfired on her, not you. The property is yours, she has no right of claim to it, no right to force you to sell. It sounds like she doesn't even have a straight right to her deposit if it was a gift and there is no evidence to the opposite, however, the moral thing to do is to give it back to her since she is paying the loan for it.

    What more does she want? Whatever it is, you can tell her to take a hike.
    • antrobus
    • By antrobus 7th Jul 17, 6:10 AM
    • 15,275 Posts
    • 21,783 Thanks
    antrobus
    .. The property is yours, she has no right of claim to it, . ....
    Originally posted by FBaby
    She clearly thinks otherwise, based on this £5,000 contribution to the property purchase. Any claim would be based on TOLATA 1996 i.e that she had a beneficial interest in the property.

    If I was the OP I would seek legal advice, and make an offer to the ex-partner. It is (almost) always best to move on.
    • scd3scd4
    • By scd3scd4 7th Jul 17, 6:37 AM
    • 518 Posts
    • 414 Thanks
    scd3scd4
    Give her the money back right or wrong or you will never get rid of the thing. Life is to short.


    Are you suggesting selling the house in negative to get your own back? Sounds a bit self defeating. It wont end there will it.
    Last edited by scd3scd4; 07-07-2017 at 6:49 AM.
    • PasturesNew
    • By PasturesNew 7th Jul 17, 6:49 AM
    • 60,668 Posts
    • 354,688 Thanks
    PasturesNew
    Play the moral high ground ... then serve your revenge cold, as it tastes better.

    Keep your house. Don't sell it.
    Find the money to pay her and pay her, even though legally she has no "legal claim" as there's nothing in writing. Get her to sign for the money too ... so you can prove you paid her back what she lent you.

    Then, once clear .... dob her in for her benefit fraud. Sit back, enjoy your house.
    • Mojisola
    • By Mojisola 7th Jul 17, 9:31 AM
    • 28,510 Posts
    • 72,644 Thanks
    Mojisola
    she told me to put it in the bank for a period of 4 months so they could not see it.
    Originally posted by Doggy123
    She clearly thinks otherwise, based on this £5,000 contribution to the property purchase.
    Originally posted by antrobus
    But how could she prove that the money she gave him months before the house purchase was to pay towards the property?
    • TBagpuss
    • By TBagpuss 7th Jul 17, 10:37 AM
    • 6,026 Posts
    • 7,776 Thanks
    TBagpuss
    But how could she prove that the money she gave him months before the house purchase was to pay towards the property?
    Originally posted by Mojisola
    Well, unless he is prepared to commit perjury by lying to a court about it she doesn't have to, he accepts that she paid it for that purpose.

    OP, hat was the purchase price of the house? What % of the purchase price sd the £5,000 represent?
    The starting point is that she would be able to claim that % of the current value.

    It would be incredibly stupid for you to deliberately sell the property at an undervalue - yes, it would mean she got less than she would if it were sold at market value but so would you.

    Your mortgage fraud, lying about the deposit, and her benefit fraud are separate issues, as is the reason for your relationship ending.

    From what you are saying, she had a secure council tenancy and you lived there rent free for 11 years but you think *she* is one being greedy?

    Either you owe her £5,000, if the agreement was that she was lending you the money interest free, or you owe her the % of the value of the house based on the proportion of the purchase price which the deposit represented,and the latter is more likely, as that is normally how contributions to a house purchase work.
    • Guest101
    • By Guest101 7th Jul 17, 10:42 AM
    • 15,128 Posts
    • 14,763 Thanks
    Guest101
    She provided the deposit through a bank loan so she can surely demand something back at my expense can't she??
    Originally posted by Doggy123
    Yes via a court, so let her deal with that....
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