Cohabiting and separation

ian2447

Was living with ex-partner for 9 years. Gave up ‘right to buy’ option on council flat to live with ex-partner. Was engaged with planned wedding. 2 mortgages on property in joint names, ex-partner's name only on 'deeds'. Paid into both mortgages and joint account, then all wages went into ex-partner's account. Considerable work done on property to increase value. Was lead to believe through actions and statements that relationship and property would be a 'joint and lasting shared venture'. Partner requested I move out as she wanted her 'own space'. Moved out into rented accommodation and partner changed locks. Unilateral notice (UN1) placed on property through land registry. Grounds for a beneficial interest / constructive trust briefly set out. Will accept proprietary estoppel solution.


Property value at present would approximately be around £175k, ex-partner bought it initially for £70k. 2 mortgages on the property add up to approximately £105k. I am not vindictive enough to attempt to force an immediate sale of the property, although admittedly still ‘very sore’ about what has happened. I would be settled at some form of estoppel solution, having paid into the mortgages, put great effort into work to increase the value of the property and would have had my own property (ex-council flat) had I not spent the last 9 years ‘lining someone else’s pockets’. I have suggested entering into an agreement to register a nominal settlement if & when ex-partner ever does sell the property. Ex-partner flatly refuses to engage in any form of mediation / discussion.

Realistically, what would the chances be of getting some sort of resolution through the courts on this??

BitterAndTwisted

Why not ask your question on the House Buying, Renting & Selling part of the forum? You may get some more relevant replies as this isn't solely a relationship issue. There are a couple of solicitors who post on there regularly who may be able to advise you.

Emmzi

there's 70k of equity and she bought it for 70k so I'd say damn all chance and you'll be wasting money on solicitors.

think yourself lucky if you manage to get your name off the debt and consider what you paid to be in lieu of rent.

Oldernotwiser

Why on earth wasn't your name on the deeds?

Person_one

Oldernotwiser wrote: »

Why on earth wasn't your name on the deeds?

Also, are you sure this is even the case?

Most mortgage providers insist that the names on the mortgage match the names on the title deeds as a condition of lending.

ian2447

Thanks all, will post on other part of forum. Trying to get ex to agree to some form of % when house sold in future - she not communicating. Again - thanks

BitterAndTwisted

Of course she's not communicating: only her name is on the deeds and she's changed the locks. If that isn't a clear and definite statement of intent I don't know what is.

You need the advice of a good solicitor and soon

dirtysexymonkey

Emmzi wrote: »

there's 70k of equity and she bought it for 70k so I'd say damn all chance and you'll be wasting money on solicitors.

think yourself lucky if you manage to get your name off the debt and consider what you paid to be in lieu of rent.

unless she bought it without a mortgage that has nothing to do with it.

it also sounds as if the op has paid a fortune to improve a house that he has no right to live in, so he should at the very least acquire a charge on the property for half the increased value from when he moved in to when he left. pro rata.