Advice

pickles12

Anyone have any idea about this situation, trying to get my partner to buy me out after we split which he wants to do, he doesnt have the money to do this so mortgage company are looking at agreeing the mortgage in his name first and then him getting a loan to pay me off. If the mortgage is agreed in his name and mine taken off could he then just turn round and not give me any money as the mortgage will all be in his name?

babyb06

If he tries do say you are owed no money once the mortgage is changed into his sole name, you could force him to give you the money by taking court action (assuming you have proof (or the court accepts your word) that you contributed to deposit and mortgage in the past - and old mortgage statements will help you with this), but this is costly and time consuming.

You are best drawing up an agreement before the mortgage is transferred into his sole name that sets out that he owes you X amount in consideration of your beneficial interest in the house and he undertakes to pay you this on XX date. All transfers of property/interests in property has to be done in writing (amongst other things) to be legal (you are best to see a solicitor if you are worried that he may renege on the deal). Getting a solicitor to draw up the deed of transfer whilst costing you money, will be much cheaper than taking you ex-OH to court for the money if he fails to pay and says he owes you nothing.

When couples split up, things often get nasty over money even when you don't expect it to happen so best safeguard yourself now!