Transfer of deeds

mydogberyl

Thanks FBaby. Will try to find the case you're talking about!
So how long did your ex stay on the deeds before you sold?
Did they take house repairs into account? I've also been told that if I switch to an interest only mortgage there obviously won't be as much equity in the house when I come to sell and my repayments will be a couple of hundred pound less each month.

foreign_correspondent

FBaby wrote: »

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.

Do you mean Kernott v Jones? If so, the 50/50 ruling was overturned in the supreme court in November last year, but it was a different situation - co-habitees, joint tenants, until the man (Kernott) left. The woman (Jones) stayed in the house and paid the mortgage for 17 years, until the man tried to claim half, he was initially awarded 10%, he appealed, and at the court of appeal the man was awarded 50%, finally, it went to the supreme court, where the original judgement was upheld, and the man left with just 10%...

the key point is about intentions... and it seems that by acting against your solicitors advice, you intended to give him half your house at that point in time... however, it may be possible to argue that your intentions, and his, changed after he left, assuming he wasnt paying half of the mortgage since leaving...

but it is a complicated area of law - have a look at the supreme court judgement online, and then discuss with your solicitor!

In the meantime, consider severing the joint tenancy - then, if you did walk under a bus, he wouldnt get the lot!

Savvy_Sue

foreign_correspondent wrote: »

In the meantime, consider severing the joint tenancy - then, if you did walk under a bus, he wouldnt get the lot!

That, and making a will ... but again, take good legal advice before doing so.