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Relationship breakup - sale of property

New to the forum but wondering if anyone can provide helpful advice.

My son split from his girlfriend of ten years 18 months ago. Its become a nightmare trying to get the property sale proceeded with (two houses) and a joint bank loan settled so that he can free himself of this relationship financially. He is in a new relationship and has a baby on the way so is trying to keep costs to a minimum. To date he has paid £2000 in solicitor fees and it is no further forward.

The ex partner has not contributed towards payments of joint finances since the separation 18 months ago and he has paid around £8000 only paying the minimum since the split. Throughout the relationship she did not contribute as agreed - this included periods of walking out of jobs. In fact the second house was purchased 12 months before the split - she was unemployed for 3 months of this time (walked out of her job) and took on a much lower paid position so was unable to pay the half agreed. She promised she would be making her full contribution as soon as her dad bought her the business she was working in at the lower wage. There are no children involved from this relationship - there is financial hardship currently because he is now supporting a partner who already has a child and they have another together due to be born.

The advice needed is around forcing sales of the two properties he jointly owns with the ex girlfriend. And if he has a case for the courts to decide to award him either a greater percentage of the sale profits or some sort of repayment for the share she has not contributed. He is not a high earner.

Neither of them lived in either of the properties after the split. The second house was purchased 12 months before the split and one was rented out. This helped to finance the joint debt initially both during the relationship and following the split (during the period of assured tenancy).
My son paid the outstanding debt to try to prevent his credit rating being adversely affected. It was verbally agreed numerous times that the debt would be split 50/50 until the sale of the properties. She has not made any contribution - in fact things got nasty a couple of times. This included she withdrew money out of the account for her own personal use that he was paying money into to pay the joint finances, albeit he always tried to leave it to the last moment. This was the account that the mortgages/ insurances, etc were paid from. The bank refused to take his name off this account and her behaviour has resulted in £650 in bank charges with a current outstanding balance of £1007 overdrawn.
Two months ago she moved back into one of the properties. She agrees to sell but it is lip service. In the last letter received from her solicitor she is once again proposing they live in one house each and pay the mortgage for that house and he gives her £5000 (with no foundation to qualify). This house is on the market with a local estate agent. Neither can get the mortgage in their sole name - we have tried that route - because of current lending criteria/ insufficient incomes.

My son found his solicitor unhelpful. She advised him to pay the bills and got the first written agreement through his ex girlfriend's solicitor she would pay half without any money being paid. Then the solicitor advised him it would not necessarily mean he could get half repaid, but his solicitor could hold onto proceeds of sales until an agreement was reached. She advised him to keep paying out.

Any advice would be appreciated. He does not look upon solicitors favourably because of his recent experience. He is currently without a solicitor to keep costs under control.

Comments

  • C_Mababejive
    C_Mababejive Posts: 11,668 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Seems like he is making all the running.
    how about he just simply says to her,the houses go up for sale or i stop paying my half of the mortgage and they get repossessed? She is playing him for a fool. mind you,we havent heard her side of the story yet.
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • edfellows
    edfellows Posts: 12 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    No - I appreciate you have not heard her side.

    He is at the point of not paying - he stopped paying other joint debts two months ago. She has started paying the mortgage on the property she is in (cheap rent - its only £175) in the last two months. Realise allowing repossession could be an option.
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