Can I claim back my share of house deposit after my name has been removed from mortga

gavandcarly

Hi guys,

Just a quick question.

I bought a house with my ex partner a few years ago, and a few months ago I had my name removed from the mortgage as we split up.

I did not receive a penny of the money that I had put into the house back from my ex.

My name is no longer on the mortgage as I had it removed a few months ago as I wanted to cut all ties with her.

I no longer pay anything for the house, and i havnt lived there for nearly three years.

I just want the deposit that i paid for the house back seen as though the house is all hers now and in her name.

Is this possible?

Can I claim for my deposit back even though I have already taken my name off the mortgage?

I am wondering if I can request for my share of the deposit on the house back now, even though my name has already been removed from the mortgage?

Could I take this to a small claims court, if my ex refuses? What would the chances of me winning be?

Any advice/help appreciated.

bungle4by4

my initial thoughts would be that this will be a tough claim. How much money are you talking about, I only ask as solicitors (who would be needed) can get very expensive, very fast. and it may not be worthwhile persuing it very far.

gavandcarly

Would I definitely need a solicitor for this? Could I not just ask her firstly and if she refuses take it to a small claims court?

Senior_Paper_Monitor

Yes you could, no you couldn't.

This really should have been dealt with when setting up the mortagge/purcahse (deed of trust) or at the time of split/settlement.

I think you have little chance of success, but:

Were you removed from the deeds at the same time (almost certainly were) by way of equity transfer ?

Do you have any documentation about the split/settlements ?

gavandcarly

The only documentation which was sent to me was from her solicitors which stated that the transfer of equity had been successful.

I called Nationwide a few days ago to check that my name had been removed from the mortgage and it had indeed.

How can I check if my name has been removed from the deeds please?

I was so desperate to get my name off the mortgage of the house as I wanted no further contact with her, I didn't ask for a penny.

However now I feel that I should be able to claim back what I paid into the property, at the very least the deposit seen as she as kept the house....

Senior_Paper_Monitor

google 'land registry' and pay £4 online - but if the solicitor is stating that transfer of equity took place then there is little point; you are off the deeds as well.

I assume you also signed a solvency undertaking in signing the transfer forms - I think there is no chance of you claimimg anything, it would appear that you gave anything you might have been entitled to away voluntarily and knowingly.

...... and I still spend at least one appointment a week explaining to (and being ignored by in most cases) the happy couple who have skipped through our doors, that a deed of trust would be a jolly good idea !

gavandcarly

oh dear!

I have gone on the land registry site, and entered the property address, and it comes up up with 2 options:

Tenure: Leasehold Price Paid/Value Stated Data: Yes

Tenure: Freehold Price Paid/Value Stated Data: No

Which one is it I need to buy the title register for please?

bungle4by4

gavandcarly wrote: »

I was so desperate to get my name off the mortgage of the house as I wanted no further contact with her, I didn't ask for a penny.

....

im afraid you have made you decision here, and now you regret it, im sorry, but if i were you. I would learn to live with my decision.

if she doesn't give in and write you a cheque out of the goodness of her heart, i'd write it off and move on with your life. The equity has been transfered, its hers. and thats the end of it. I think

fallenwiccan

Senior_Paper_Monitor wrote: »

google 'land registry' and pay £4 online - but if the solicitor is stating that transfer of equity took place then there is little point; you are off the deeds as well.

I assume you also signed a solvency undertaking in signing the transfer forms - I think there is no chance of you claimimg anything, it would appear that you gave anything you might have been entitled to away voluntarily and knowingly.

...... and I still spend at least one appointment a week explaining to (and being ignored by in most cases) the happy couple who have skipped through our doors, that a deed of trust would be a jolly good idea !

Thanks to this site I'm getting one put in place, don't ever want to think that we could split but these things happen at times and I don't want to feel bad for taking back what is by rights mine.

gavandcarly

I just checked the land registry and my name has indeed been taken off the register.

FallenWican, what is it you are doing to claim back money you have put into the property? Has your name also already been removed? Could you give me some advice please?

gavandcarly

Fallenwicken no worries, I understand what you mean now....

How can I check to see if a deed of trust was signed please?