Transfer of deeds

mydogberyl

MrsB 83
What other things? I can see that he's just sat back watching me pay the mortgage and the house increase in value all the time knowing I couldn't afford to pay him 10000, then when I can he moves the goalposts. Wouldn't a judge see this for what it is? I've had this house for 16 years, using equity from my previous house, in total nearly 30 years and he only lived here for two.

mydogberyl

Just reading back I meant the equity was £150000 not 50000

BitterAndTwisted

The fact is that you gifted him half of the house's value. Freely without asking for anything in return and against the advice of your solicitor. That is a very difficult position to move away from as the law is on his side. If you do agree on a figure to get shot of him you MUST have it drawn up as a legally-binding agreement. What you do not want to have happen is for that ten grand to be used to finance him being able to take you to court to get his hands on a lot more, possibly once all of your children have become independent. If it does go to court you might be able to give a convincing argument that as had contributed zero to the mortgage-payments he is therefore not reasonably entitled to the increase in equity but I wouldn't want to be the one putting forward that argument.

DylanO

mydogberyl wrote: »

MrsB 83
What other things? I can see that he's just sat back watching me pay the mortgage and the house increase in value all the time knowing I couldn't afford to pay him 10000, then when I can he moves the goalposts. Wouldn't a judge see this for what it is? I've had this house for 16 years, using equity from my previous house, in total nearly 30 years and he only lived here for two.

The far more important fact is that you gave him half the house's value, contrary to legal advice. It doesn't matter that you paid the mortgage - the minute you gave him half the house, it became his legal property.

If you didn't want him to have half the value then you should have listened to your solicitor and not given it to him. Why do you think you can suddenly escape the negative consequences to your foolish actions?

Bubby

If you really can't get him off the mortgage then you are going to have to sit down and work out a way forward with a decent solicitor. Although the house will be in joint names you may be able to prove that he is only entitled to half of the equity when you separated. This is an awful situation for you but you cannot have this hanging over you as someone else has pointed out what would happen to your children if you died and he got the house?
Irrespective of whether he says he wouldn't do it he has already gone back on his word with regards to the 10k!

You may find that your only option is to sell up, take a hit in terms of what you have to pay him and buy somewhere smaller. You need to protect your children financially and at the moment that isn't the case. Good luck

mydogberyl

Yes thanks Dylano for stating the obvious. I know I was foolish in not listening to my solicitor and letting my heart rule my head and being too trusting. What's done is done and I have to face the consequences. I posted on here for advice, not to be reminded what a complete idiot I've been.

DylanO

mydogberyl wrote: »

Yes thanks Dylano for stating the obvious. I know I was foolish in not listening to my solicitor and letting my heart rule my head and being too trusting. What's done is done and I have to face the consequences. I posted on here for advice, not to be reminded what a complete idiot I've been.

Advice for what? You seem to be under the impression that someone will come along and tell you that it doesn't matter that you gave him half the house.

Bubby

mydogberyl wrote: »

Yes thanks Dylano for stating the obvious. I know I was foolish in not listening to my solicitor and letting my heart rule my head and being too trusting. What's done is done and I have to face the consequences. I posted on here for advice, not to be reminded what a complete idiot I've been.

The best advice is to sit down and go through it all with a solicitor. Whats done is done and there is no point in anyone saying what you did was a mistake.....you know that yourself and is why you are asking for help. I really hope you manage to get it all sorted out.

FBaby

There was a case in the press about 12 months ago very similar to yours where the guy who had been added on the deeds yet contributed nothing got entitled to half the value of the house. His ex ended up having to pay massive amount in court fees in addition to giving him half (or just about) of the equity. It might be worth googling to see if you could find it.

Saying that, my solicitor was quite clear when I separated from my ex and initially he was going to remain on the deeds, but I was going to pay for the mortgage in full that upon the sale, I could make a case on this basis that he was only entitled to the amount of equity up to the time we separated (had the house valued then). In the end, I was able to buy him off. I'm not sure whether this was reasonable or bad advice from my solicitor.

mydogberyl

I thought there may have been someone who had been, or knew someone who had been in a similar position to myself! However most of the advice I've been given on here has given me points to start from.
Have spoken to a solicitor today who has advised me to try and meet with the ex as he no doubt knows what he is doing is morally wrong. He also can't force me to sell the house and if I go thorough the courts it could go either way depending on the judge.
The reason there was never a charge back given to my first husband was because he ignored all court orders, made himself unemployed so he could get legal aid and managed to run up my bill to £20000 by continually dragging me back to court over two years resulting in him 'shooting himself in the foot!' He was released from the deeds but not the mortgage as my income was too low for the mortgage company. He only came off when the the 2nd partner came on.