Mortgage help - small claims court

Kat13

Hoping for some advice/help!

My husband had a mortgage with his ex partner and when they split up, she insisted she kept the house and he had to move out, give up his key etc and was allowed to take nothing they jointly owned.

Her father agreed to take over my husbands share of the mortgage and agreed to have it put in his name and remove my husbands.

My husband was ordered to move out of the property in question and since then his ex partners father has paid half of the mortgage along with his daughter. He now wants my husband to pay £1200 in fees for the transfer of names which was never agreed in the beginning.

My husband has told them he will not pay the fees (the daughter still owes him, and acknowledges this, £1500 which he has told her she can use the fees rather than pay him back).

The father is now threatening to take my husband through a small claims court to recover the mortgage contributions he has made since my husband moved out. Can he do this? My husbands ex partner and her family gave him no choice but to leave the property and informed he did not need to pay towards the mortgage when he left so can the father now use a small claims court to recover the money he has paid to help his daughter keep the house?

Any advice appreciated!!!

Yorkie1

1. Was any of this agreed by a court? (You use the word 'ordered').

2. Was any of this evidenced in writing? Or just verbal agreements the whole way?

holly_hobby

£1200 seems rather high for a transfer of equity (more than double the generic fee give or take location) .... unless of course she's also remortgaging at the same time, and there are some early redemption penalies and mge exit fees included in this figure, which she's hoping her ex will cop for.

It they want to play hardball, you do too ....

You want a written fee statement from the solicitor being used, confirming the actual fees being incurred in respect of the TOE only - if you feel high make her provide 3 quotations (if you are to foot the whole bill).

Of course, they can only effect the transfer of equity, IF the lender agrees she can service the mortgage in her sole name (or with any other applicant she wishes to add) AND Hubby agrees.

If her Dad has been contributing to the mge to assist her to remain in the propety (after Hubbys "forced" vacation), then I would argue this is an arrangement between them 2 - to which Hubby was neither consulted nor party to.

The court claims are a red herring in my opinion - designed to force Hubbys hand so they can get what they want.

As it currently stands, Hubby is a joint legal and beneficial owner with the ex, whilst remaining lawfully liable for the mge with her - so just getting him off via the transfer of equity, may well be a wise move - if he is willing to give up any equity claim just to be shot of it all.

But don't forget any equity that is lawfully his he is entitled to - as he did contribute prior to his leave and I believe that should be reflected in any agreement made, if he doesn't just want to walk away.

To which if Dad wants his money back, and Hubby wants to pay him, I would insist upon being bought out of the property by the ex, with Dads reimbursement being from his share of the free equity (of which i would argue only 1/2 of Dads payments to be taken .... with the other 1/2 owed by his D to him). Of course if there is no formal agreement in place, it could also be argued that the payments made by Dad, have been on a purely voluntary basis, and do not warrant any repayment .....

So, your next call is to see a Solicitor on this, free half hour will do you the world of good (also check you B&Cs insurance, many have access to legal advice and cover provided for, which may assist.

Hope this helps

Holly

Kat13

Hi Holly and Yorkie

Thanks for replies!

Yorkie; verbal agreements only.

Holly,yeah think we need to see a solicitor to be honest. Though i suspect he is scaremongering as you say and the small claims court is simply tactical.

thanks!

Katy