Moved out of home, now OH wont give me half the house value.

blueybug

Here is a quick run down......

Moved out of a house that we owned together (joint morgage etc) in Dec 2012 due to stress and not getting along.

6 months down the line I found out he was having an affair.

Now 8 months later I need my half share of the house, I'm not wanting anything of the inside of it nor half of his money just half the value of the house which Ive paid half the morgage for the past 20 yrs.

What are my next steps, he wont be civil, he has this girl stay in the house and is still treating me like I moved out therfor I get nothing.

The morgage has around 3 yrs to pay on it still, but I just want my name off the morgage and a lump sum.

Am I being wrong here? even though I moved out I still must get some of the value of the house right?

Wyre

The only way to get your name off is if he earns enough to pay the mortgage himself. Basically it would be a new mortgage and if he doesn't pass the credit check then you have to stay on.

SuzieSue

If you own half the house and he won't sell it so that you can get half the equity then the only way to force him to sell is to go to court which will cost a lot of money.

Valli

Were you married?

antrobus

blueybug wrote: »

.........Moved out of a house that we owned together (joint morgage etc) in Dec 2012 due to stress and not getting along.

6 months down the line I found out he was having an affair.

Must. Resist. Temptation. To. Comment.

blueybug wrote: »

.........What are my next steps, ...

Speak to a solicitor.

ineed

I think you'd need to take it to court if he won't budge, I'd contact a solicitor for advice on your situation, some offer a free consultation. This site might be helpful http://www.legalaid.vic.gov.au/find-legal-answers/separation-and-divorce/de-facto-and-same-sex-relationships.

pmlindyloo

Another link for you:

http://england.shelter.org.uk/get_advice/families_and_relationships/relationship_breakdown/options_for_homeowners/court_orders

If your OH won't go to mediation to sort this out (they will be able to put the options to him) then you will need the advice of a solicitor.

It may be that a solicitor's letter outlining his options and yours will be enough for him to make some decisions.

_

zzzLazyDaisy

ineed wrote: »

I think you'd need to take it to court if he won't budge, I'd contact a solicitor for advice on your situation, some offer a free consultation. This site might be helpful http://www.legalaid.vic.gov.au/find-legal-answers/separation-and-divorce/de-facto-and-same-sex-relationships.

PLEASE NOTE: the above link is to an Australian website!

zzzLazyDaisy

You don't say if you were married. This is very important because you have a lot more leverage in a divorce, than if you were merely co-habiting.

Having said that - if you are in England or Wales:

- if the house is in joint names, you are entitled to half the equity in the house calculated at the date of sale / the date he buys you out
- if he won't play ball, you can ask the court for an order for sale on the basis that the purpose of the joint trust no longer exists

(The law is different in scotland)

Until you get this sorted out you remain jointly and severally liable for the mortgage, which means that if he stops paying the mortgage the lender can come after you for the arrears, even though you are not living in the house.

As a joint owner, you are free to enter the property at any time and legally he is not allowed to change the locks. Having said that, taking such a confrontational approach is probably not advisable in most situations.

There is no longer any legal aid for relationship issues. You may be able to get a free half hour from a solicitor, and it might be that a solicitors letter (which you will have to pay for) might be enough to bring him to the table. But really the best way to deal with this, if possible, is through both people discussing this and coming to a sensible arrangement so that you can both go your separate ways.

Would he be willing to consider may be the possibility of the gf going on the deeds/mortgage which might enable him to raise the money to buy you out?

19lottie82

Does he have the money to give you?

Does he earn enough to take on the mortgage alone and raise the funds to buy you out?

If no to both you're only option is to take him to court to force him to sell. Tho this is a long process and very expensive.

If yes but he is just being difficult , try moving back in for a while and disrupting his new domestic bliss. You may find he has a rethink!

Either way you need to see a solicitor.

ineed

zzzLazyDaisy wrote: »

PLEASE NOTE: the above link is to an Australian website!

Ah I didn't even notice that my apologies, maybe some information on the site can still be of some benefit, I'll leave it there on the off chance.