sorting finances after a relationship

dangerboy_1979

Hi,
Was chatting with one of the guys from work who's going through some problems and isn't very forum/internet(!) aware, thought I might be able to gather some advice to help him. I'll call them Jack and Jill, and I'll try to remain impartial.

Firstly, the easy facts:
- Jack and Jill separated about 18 months ago after being together for about 7 years
- They owned a house together and cohabited for 3 years before they separated. Whilst living together they contributed equally to bills and mortgage.
- Since the separation Jack and Jill have moved out of their house into separate rented accommodation. Jill now rents out the house on which they have a mortgage, and since the split Jack has not made any payments towards the mortgage.
- Jack and Jill traded in Jack's old car so that Jill could get a new one through the scrappage, and Jill gave her old car to Jack. However, it transpires that the v5 is still in Jill's name.
- Jill earned considerably more than Jack, and whilst they were together occasionally paid for some things that they both benefitted from e.g shopping and holidays.

They've been separated for 18 months and my colleague is trying to move on with his life, and to this end he's been in contact with Jill on and off for the past 9 months trying to get financial legacy of his failed relationship resolved.

As I understand it, his goals are quite simple:
- He'd like to have his name taken off the mortgage
- He'd like to have the car he's driving to be registered in his name

It gets a bit more complicated now, and I'm not entirely sure what's gone on. My understanding is:

Jack asked for Jill to sign the car over to him, and to take his name off the mortgage.
He says that she keeps fobbing him off - I don't know all the details, but he says that she says she kept track of all their spending during the relationship. He says that:
- She is refusing to sign the car over to him
- She insists that he owes her a not insubstatial amount of money that she paid out for shared holidays, shopping etc while they were together. (I asked, and he said that at no point was it ever discussed that repayment was expected).
- Trying to pursuade him that he shouldn't do anything about the ownership/morthage on the house.

The question I'd like help with is what can I tell Jack his options are?

As I see it he can get a solicitor involved to force the sale of the house, and I don't think that legally Jill can lay claim to any monies owed for holidays and shopping, but I'm not sure about what he can do about the car.

Interestingly, he was telling me that he checked his credit history and it had been accessed with regard to motor insurance on Jills new car, so presumably she's got him as a named driver (without his consent) to reduce her insurance premium.

He's a lovely chap and I think that's why this has dragged on for so long, but he's bashing his head against a brick wall because she's not responding to his communications.

Any help or advice I could pass on would be much appreciated.

foxwales

There is no legal obligation for him to repay or part repay anything towards past holidays or shopping as these can be considered "gifted" and or of mutual benefit whilst in a relationship.

Unless what can be considered a verbal or written contract was agreed at the time and can be proven in a civil court, then her claims for past expenses will not stand.

The car - it is not legally his and unless she signs over the V5 document to him for ownership, then he will never own the car and cannot legally obtain ownership in any way unless a decision is made before a civil court that he be awarded ownership as part of their relationship settlement. Even then, there is no way to legally enforce a civil ruling.

The house - he is jointl responsible for the outstanding mortgage, if he is no longer paying, then this weakens his legal position and could reduce any entitlement he would be due from the sale if the matter proceeds before a court. Other than seeking a forced sale of the property, then he will remain legally and jointly responsible for the mortgage and unless she amicably agrees to take sole ownership of the mortgage then his only option is to pursue a forced sale to remove his name from the mortgage once the loan has been settled.

Car insurance and credit history - any invalid entries on his credit file can be disputed with supporting evidence or statements as to why the entries are incorrect. However, as there is still a financial relationship in existence by both parties with the mortgage, they may not adjust the credit file. He will need to contact Experien, Equifax and Call Credit to get amendments made to his credit file and to raise this as an issue.

Once the mortgage is settled then he should again contact all of the credit companies to request a financial disassociation.