i want to buy out ex but he wont cooperate

fedup1982

Hi,

I want to know where i stand legally.

i brought a house with my ex 2 years ago. we weren't married nor have children. I put about a 35% deposit down on the house which was signed in a declaration of trust and i now want to take on the mortgage on my own. He has so far refused to let me indemnify him and ignored soliciotor letter. He can't afford to pay the mortgage by himself and wont move out.

I have been to the solicitors as i am making an over payment on the mortgage so that i can then have his name removed but they are sending him forms to sign to say that the money is mine that im using to make the over payment (which it is as it has been given to me by my parents since we seperated).

What happens if he refuses to sign the forms? The soliciotor mentioned something about a order for sale and he could be liable for my court fees as he is being obstructive does anyone have any experience of this?

Radiantsoul

The court could order a sale, the mortgage company would need to agree too.

You are probably best asking your solicitor though.

zzzLazyDaisy

If you are not married, making overpayments on the mortgage is a risky business, as this does not change the declaration of trust, so when you eventually sell the house he will still be entitled to his share as set out in the declaration of trust, regardless of where the money came from (unless you are prepared to invest a lot of money going to court to have the shares in the trust altered to reflect the unequal sums invested in the house since it was purchased, with no guarantee that it will make any difference to the outcome).

With regard to his refusal to move out - he is a joint owner. He is entitled to live there, in the same way that you are. Even if he does agree to move out, there is no guarantee that the lender will agree to take his name off the mortgage.

Often the only way to resolve these issues is to sell the house, split the proceeds and get on with your separate lives, with a court order for sale if necessary.

But as Radiant Soul points out - you have a solicitor, and s/he is the best person to ask.

EDIT: starting different threads on the same issues doesn't help as there will inevitably be an overlap in the responses.

Thrugelmir

An order for sale is an expensive course of action. Which is best left as a last resort course of action.

Does your partner have any equity share in the property?

zzzLazyDaisy

OP said

fedup1982 wrote: »

Hi,

i brought a house with my ex 2 years ago. I put about a 35% deposit down on the house which was signed in a declaration of trust

Which means that he has an equity share in the property. In the absence of further information from OP, the most likely scenario is that her 35% deposit is protected and the remaining 65% is held in equal shares.

fedup1982

We have only owned the house for 2 years and i have been advised by a soliciotor he isn't owed any money. The house hasn't gone up in value in fact down. so it is seen as him paying rent. About £8k has been paid off the mortgage so far.

Thrugelmir

zzzLazyDaisy wrote: »

OP said



Which means that he has an equity share in the property. In the absence of further information from OP, the most likely scenario is that her 35% deposit is protected and the remaining 65% is held in equal shares.

By equity I am refering to cash.

If the partner has equity then there's leverage. As this will contibute towards costs of action potentially. Nothing a judge hates more than an intransigent individual.

fedup1982

i dont know if he has any cash in his bank account. he should have a little.

C_Mababejive

Bought..............

fedup1982

huh???? last comment?

lvm

fedup1982 wrote: »

huh???? last comment?

You said you "brought" a house...unless you "brought" the house from one location to another, I imagine you "bought" it instead.