Relationship split

C_Mababejive

Morals have nothing to do with legal or civil entitlement.

Chapperss

I would rather not get into the morality of the issue. If it were being dealt with morally the person in question would not be asking for this money! It would be great if it could be dealt with like that but it can't.

We need to focus on the legality of this issue.


His name is not on anything. He gave 5k to my friend who then used that to get a deposit. As it was a new build the building company gave her 20k that went direct to the Mortgage people (she never saw it so does this count for anything). He then bought all the white goods and some blinds which I don't deny he should maybe get some cash for.

But what is he legally entitled to/what could he get through the courts?

If she sells the property including all fees (early repayment and solicitors) she will be in negative equity on the place by about 3k (given that they get the asking price).

Argh

Mojisola

Chapperss wrote: »

If she sells the property including all fees (early repayment and solicitors) she will be in negative equity on the place by about 3k (given that they get the asking price)

If the property is in negative equity and he thinks he has rights to a share of the property, then doesn't he have a percentage share of the debt?

C_Mababejive

He has my sympathies and has been very foolish. A google of TOLATA would be useful though i think that this matter could be amenably settled out of court since the potential legal costs for the male would be prohibitive as he will soon learn !

74jax

Chapperss wrote: »

That's what we would like to do but if we will lose when going to court then we may as well stump up now instead of paying legal fees.

I don't understand the 'we'?

Teeniepops

Mojisola wrote: »

If the property is in negative equity and he thinks he has rights to a share of the property, then doesn't he have a percentage share of the debt?

Yes but getting people to do this if they don't want to is like finding gold at the end of a rainbow. My boyfriend couldn't get his ex to pay her share of mortgage or negative equity when they split despite it being joint names. He would have had to take her to court to 'force her' and his solicitor told him that a ruling for him is one thing but she could have ignored it resulting in needing to take her back to court etc. She dug heels in and though it wasn't 'right' he chose to cut losses in end.

To OP: get legal advice. She may be entitled to free consultation through work if in the union there. That way she will know the legalities - then she can decide what's the better option to pursue.

I don't personally advocate not being fair in these matters - whatever that is here. That's why I think legal advice would be wise as she would get someone's opinion who is trained in the ins and outs.

go_cat

Your friend needs to work out how much rent he would have paid and deduct that from the amount he says she owes him. He can't live there for free for 16 months.

The white goods, he will never get back what he paid for them he needs to understand depriciation

FBaby

So if you take the moral issue out of it and she wants to give him nothing even there its no denying that he invested in the property she takes the risk of being taken to court and end up paying twice what they could have agreed to which frankly sounds like she would deserve as per the above.

fishybusiness

His name is not on anything. He gave 5k to my friend who then used that to get a deposit. As it was a new build the building company gave her 20k that went direct to the Mortgage people (she never saw it so does this count for anything). He then bought all the white goods and some blinds which I don't deny he should maybe get some cash for.

But what is he legally entitled to/what could he get through the courts?

If she sells the property including all fees (early repayment and solicitors) she will be in negative equity on the place by about 3k (given that they get the asking price).

Don't you mean if your friend gets the asking price?

Its a funny thing really, if she sells, and there is negative equity, she will be liable, and no doubt she will try to ask her ex for half of the liability.

However, if she stays and lives there, she is asking if legally she has to pay out anything to her ex.

So is she wanting to sell or live in the property?

bestpud

74jax wrote: »

I don't understand the 'we'?

My guess is the OP is the new partner.

Personally, I'd give him the items he paid for as you'll otherwise end up going back and forth with various offers and refusals.

Then take the sum he paid towards the deposit, add on the mortgage payments he made and deduct the average rent for a property of that size over the period he lived there.

Pay him that amount but make sure you get him to sign something and a witness would be good too. I'd pay it by cheque personally.

If you want to keep the goods, offer him a fair second hand price or the option of collection by a set date - give him time to arrange a van or whatever. If he chooses payment, pay promptly.