Common Law Splitting Up of Propery

paddy's_mum

elenaworld wrote: »

I am going to get legal advice and fight this. It is so unfair

I don't wish to make you feel any more cast down than you are already but I don't see how you can fight it. If he is on the deeds as a joint owner, that cannot later be overturned unless you are to allege that there was some kind of massive fraud or he held a gun to your head.

Did you not seek legal advice at the time of buying your property? What advice were you given then? I find it hard to believe that any solicitor worth his salt would have allowed you to walk blindly into such a trap without even attempting to point out the potential pitfalls. I don't imagine either that a mortgage company would have allowed you to do your own conveyancing so can only assume that your heart ruled your head and that sadly, you are now finding out how difficult a situation that can become.

As unpalatable as it may be, and as you say, morally very unfair, I have a horrid feeling that because you signed up to all this willingly, very little of it can now be undone.

Please, for your own sake, find legal advice from a solicitor who specialises in this field. I hope s/he can find you some helpful loophole and a way out of the bind you find yourself in. Good luck.

Caroline_a

My ex was like this. Luckily I was happy to sell the house, and in a lucid moment he agreed to give me £20k out of the sale as I had paid a lot more than him. He's not very bright. There were 2 ways to work this out. One was to take the £20k out of the equity and then split the rest. The other was to split it 50 - 50 and then him give me £20k out of his share. With £80k equity the second one was much much better... so my solicitor drew up a contract to show that was what would happen. He signed it. He wasn't happy when he got his cheque... but then I had supported him for best part of 8 years, so he had the better side of the deal overall anyway!

Of course, that story doesnt help the OP at all, but I would say, let him take you to court. Point out that any legal costs incurred will have to be paid back out of the equity. Use a solicitor for advice and if it goes to court, and you are confident enough, represent yourself. Take with you a breakdown of everything you have incurred over the past however many years, and see where the judge's sympathies lie!

elenaworld

Caroline_a wrote: »

My ex was like this. Luckily I was happy to sell the house, and in a lucid moment he agreed to give me £20k out of the sale as I had paid a lot more than him. He's not very bright. There were 2 ways to work this out. One was to take the £20k out of the equity and then split the rest. The other was to split it 50 - 50 and then him give me £20k out of his share. With £80k equity the second one was much much better... so my solicitor drew up a contract to show that was what would happen. He signed it. He wasn't happy when he got his cheque... but then I had supported him for best part of 8 years, so he had the better side of the deal overall anyway!

Of course, that story doesnt help the OP at all, but I would say, let him take you to court. Point out that any legal costs incurred will have to be paid back out of the equity. Use a solicitor for advice and if it goes to court, and you are confident enough, represent yourself. Take with you a breakdown of everything you have incurred over the past however many years, and see where the judge's sympathies lie!

Thank you so much for your comments. Glad to hear yours turned out all ok.

I think I definately need to get legal advice and see if there is anything I can do. It's so annoying as even now I have pay for everything while he sits back and spends all his money of drink. He's been sacked for drinking, been in hospital for drinking while I do all the mopping up. And now he gets the house. I hope the judge is on my side and a bit of morality sets in.

elenaworld

paddy's_mum wrote: »

I don't wish to make you feel any more cast down than you are already but I don't see how you can fight it. If he is on the deeds as a joint owner, that cannot later be overturned unless you are to allege that there was some kind of massive fraud or he held a gun to your head.

Did you not seek legal advice at the time of buying your property? What advice were you given then? I find it hard to believe that any solicitor worth his salt would have allowed you to walk blindly into such a trap without even attempting to point out the potential pitfalls. I don't imagine either that a mortgage company would have allowed you to do your own conveyancing so can only assume that your heart ruled your head and that sadly, you are now finding out how difficult a situation that can become.

As unpalatable as it may be, and as you say, morally very unfair, I have a horrid feeling that because you signed up to all this willingly, very little of it can now be undone.

Please, for your own sake, find legal advice from a solicitor who specialises in this field. I hope s/he can find you some helpful loophole and a way out of the bind you find yourself in. Good luck.

Thank you for your response. Well as you said ' hear rules over the heart'. When we first moved in, it was life and didn't think any of this through. I also didn't expect to be paying for everything and living with a drinker to ruin my life and his.

thistledome

As usual, only the Lawyers will come out of this better off.

If you're earning a good wage and have also built up some equity, can you get a second charge on the mortgage and pay him with that?

OP try and find the cheapest way of paying off your ex. If that means selling the property then so be it, but don't waste thousands of pounds on Lawyers just to try and "win". If half the house is his, then it's his and that's that.

SandC

Although looking at a vague silver lining of sorts, it IS the right time to buy him out. Valuation from your building society on your maisonette right now could be pretty low which may well be very much in your favour for buying him out of the property and being able to remortgage on your own - you can afford it anyway but you may not come unstuck 'on paper' like so many have been doing when it comes to salary multiples and affordability.

elenaworld

thistledome wrote: »

As usual, only the Lawyers will come out of this better off.

If you're earning a good wage and have also built up some equity, can you get a second charge on the mortgage and pay him with that?

OP try and find the cheapest way of paying off your ex. If that means selling the property then so be it, but don't waste thousands of pounds on Lawyers just to try and "win". If half the house is his, then it's his and that's that.

Thank you. I think it looks like by what every ones says that is what I am going to have to end up doing. Still makes me so angry when he has done nothing.

elenaworld

SandC wrote: »

Although looking at a vague silver lining of sorts, it IS the right time to buy him out. Valuation from your building society on your maisonette right now could be pretty low which may well be very much in your favour for buying him out of the property and being able to remortgage on your own - you can afford it anyway but you may not come unstuck 'on paper' like so many have been doing when it comes to salary multiples and affordability.

Thank you for your response. Sound like I don't an option but to do that.

paddy's_mum

Well, there is one thing you can do at least - stop buying his bl***y groceries for a start! If he wants to eat, let him go out and buy the grub. You're not buying his alcohol, are you?

You may have to continue with paying out for things like insurance etc if only in order to protect yourself but in your shoes, anything whatever that I wasn't obligated to pay for in order to safeguard my own position wouldn't get bought. Can I just ask if there is insurance in place to protect the mortgage so that if he does drink himself to death before things get sorted out, your position is protected?

I've been puzzling a bit over your use of the very outdated term common law and I wonder if perhaps you've got the wrong end of the stick somewhere along the line and using it to mean something else entirely. (No offence intended, I genuinely do want to help!) Can you find the deeds and check on exactly HOW you own the property - does it say 'tenants in common' at such-and-such a proportion or does it say 'joint tenants'? It's actually quite important that you know the difference in how it is held, as well as being certain of your ownership status, and it would be worth you paying out a small fee to the Land Registry to know for sure. It is almost certainly one of the very first questions that your solicitor will ask and, more importantly, need to know the answer to because it affects his advice and how things might be progressed a very great deal.

I feel for you. Good luck and do please keep us posted.

elenaworld

paddy's_mum wrote: »

Well, there is one thing you can do at least - stop buying his bl***y groceries for a start! If he wants to eat, let him go out and buy the grub. You're not buying his alcohol, are you?

You may have to continue with paying out for things like insurance etc if only in order to protect yourself but in your shoes, anything whatever that I wasn't obligated to pay for in order to safeguard my own position wouldn't get bought. Can I just ask if there is insurance in place to protect the mortgage so that if he does drink himself to death before things get sorted out, your position is protected?

I've been puzzling a bit over your use of the very outdated term common law and I wonder if perhaps you've got the wrong end of the stick somewhere along the line and using it to mean something else entirely. (No offence intended, I genuinely do want to help!) Can you find the deeds and check on exactly HOW you own the property - does it say 'tenants in common' at such-and-such a proportion or does it say 'joint tenants'? It's actually quite important that you know the difference in how it is held, as well as being certain of your ownership status, and it would be worth you paying out a small fee to the Land Registry to know for sure. It is almost certainly one of the very first questions that your solicitor will ask and, more importantly, need to know the answer to because it affects his advice and how things might be progressed a very great deal.

I feel for you. Good luck and do please keep us posted.

Thank you for you kind support, it's much appreciated in this difficult time. I stopped buying groceries for him ages ago. Alcoholics don't eat, they just drink, so it has absolutely no effect on him.

As of today I am still paying all the bills and keeps crossing my mind to start getting touch with everyone to let them know, as all the utilities bills are in his name, whilst the payments come out of my bank. Just pondering that one. I will also get in touch with Mortgage people tomorrow to explain the situation. It makes me very bitter to think that I am paying 100% month on month and he is going to get 50%. I've asked him to pay 50% of bills but the answer is no, where's the justice there (sorry I'm whinging on).

To be quite honest I have no idea what the details is of what we are covered for in the insurance, I know if one of dies it goes to the other.

Ah Common Law - well we're not married basically but have been together for 26 years, so I probably have the terminology wrong. Thanx for the advice on the Land Registry, I am going to do it now.

You're very kind.