Joint owner forcing sale - help!

kiden

Hi there

I bought a house with a partner in about 1993. We split up 5 years later and I paid him off an agreed amount (we had a valuation done and a bank transfer was made for half how much the house had gone up by sice we bought it). He moved out and has contributed nothing to the house or its upkeep since.

However, he always kept slipping out of signing any paperwork - I've tried a few times. Recently I got him to sign the relevant forms for transfer of ownership etc, but he had to do an ID form, so I had to leave that with him.

He didn't do it, and now he's got in touch to say he wants to cash the house in and get some money for it (as clearly it's gone up in value since he moved out). He says if I don't pay him some money he'll force a sale on the house as it'll only cost him £5000 to do this, and then he'll take the monety from the sale.

What are my options?

Mini_Bear

hindsight is a wonderful thing and its all very well sayin it after the event - but you shouldnt have given your partner a penny until he signed an agreement allowing the house to be put in your own name.
is your ex partner still on the deeds or the mortgage?
i would go and see a solicitor regarding this. i doubt he can claim legal fees out of the value of the house. but the house value may be split 50/50.
are their kids involved, if so i doubt he can force the sale of the property.
can you prove to a court/solicitor that you paid hima large sum of money when you split to cover his equity in the house?

Batchy

interesting situation...

without signed paperwork, i guess you haven't got much recourse to legal work.

Was it an amicable split, or are you at each others throats?

shame that it comes to this! :-(

kiden

i can prove that i paid him a large sum of money, yes. and i can prove from the valuation we had done at the same time that the amount i paid him matches half the 'profit'.

there's no mortgage and no kids involved. the house is now rented out (currently empty). i have two forms that he's signed (i can't remember their ref, but something like TR1 and another one) - all signatures were witnessed.

he has a wife and family of his own now, and his own house, in case that's relevant.

kiden

@Batchy - it was reasonable amicable until this, and I have got some bits of paperwork - see above...

and yes, makes me really sad - his wife is one of my best friends.

Batchy

I would hope you do have a good position then.
I would suggest depending on the moneys involved ... it might be advisable to seek proper legal advice.

Sorry to hear about all this... thats a shame!

How much does he want... couple of grand... cause legal fee's may cost less than this, but still since he's such a !!!!... maybe you should seek legal advice, and get it done properly this time. Obviously doing away from legal services last time has now cost you dearly!

:-(

Good luck

is his name still on the mortgage then?

PasturesNew

How much does he want ....?
1998 to now, he could want £100k, so how much is it?

kiden

there's no mortgage - i paid it off.

the amount it's gone up by since he moved out is about 60k (it's only a small terrace).

but yes, i agree that this time i'll use a solicitor - good advice for someone who was so silly first time round. fortunately, my current partner's sister is one (in property) so i'll try and get hold of her asap.

he won't respond on how much he wants "for [his] signature", he just says "its just a small payment to get me to do it ok .. its just business"

thanks for all your support so far - the more info i get the better. i just feel sick about it.

Troubled_Joe

If you've got a signed TR1 then you should be ok (as long as the contents of it are correct).

Take it to a solicitor and if they are happy with what the TR1 says then they will register it with the Land Reg. Problem solved.

mum26

Ask the solicitor about Verbal contracts, especially as you can prove the valuation agree ment and payment of money to him, xxx

kiden

the guidance says that the TR1 has to be accompanied by an ID1 (proof of ID) which only he could do as he had to have a solicitor or land registry person present when he signed it. is that not the case?

and i'll make sure to ask about verbal contracts - thank you. i know that a contract is offer and acceptance (on a basic level!) but of course although there's prrof that something was offered and accepted (the payment through the band aco!!!!s) we've got nothing that says what.

as he's saying (in texts) that he wants paying for his signature, could i maybe argue that the most i'd have to pay him is a day's wages (even though he's just been made redundant)? or should i not offer anything?