Joint mortgage after separation

daveshow

Hi Folks,

Really complicated situation here.


I bought a house with my partner with a joint mortgage but we have since broke up.

She has decided to try and keep it on herself and I'm looking at buying a flat.

So far I'm trying to get a mortgage with the same building society as that hopefully reduces ERC, she is having to go with someone else.

It was all cordial up until now, I'm trying to move forward and she isn't responding to any of my messages.

I put down 26k for a deposit and she put down 10k, she was going to give me 26k to buy me out. This may still happen I don't know but I am wondering if she is going to try and sell and make us split 50/50 (obviously a loss to me)

So anyway I'm wondering if anyone has been in this situation, what options are there? If we do go to selling can I get my whole deposit back if I can prove it came from me?

TrickyDicky101

Assuming you own as Joint Tenants and have no Deed of Trust in place specifying ownership %/splits then the default will be a 50:50.

daveshow

Ok dicky Thanks.

Bet someones told her that.

Thrugelmir

You should have had a declaration of trust drawn up at the outset. Without this it's a matter of your word against your ex's. The silence may well be down to the fact that your ex is struggling to obtain a mortgage to effect the transfer into her name.

Are you still contributing to the mortgage?

Who is currently living in the property?

daveshow

I've stopped paying the mortgage as I no longer live there. Although the payments still come from a joint account I've just stopped putting money into that account.


Saw her tonight and they said they can give me £13,000 back and she is willing to pay £9,000 for ERC and solictors fees.

THe more I think about it though I'm thinking I'm really paying for that.

I was expecting maybe 20-21,000 back after contributing to half of ERC and fees.


I think she has struggled a bit, she said something tonight about the surveyor not being able to give the full value of the house because it's a remortgage? She has someone that is willing to offer a mortgage but again they said it wasn't as much as they though.

I will try to get more information.