Ex put nothing into house now wants 40%

K4zzo

Not sure if anyone can help with this. Bought a house in 2010 with girlfriend. Deposit was a gift from my grandmother. GF paid nothing as she had nothing. I thought this was 'the one' so solicitor drew up an agreement with me having 58% and her having 42% to reflect the money I paid for the deposit (rather than an assumption of 50:50).
Sadly it didn't work out and after 10 months she left. She only paid £90 per month whilst living there (mortgage was about £380, I paid the rest). I also paid all bills etc. After she left she has paid absolutely nothing ever since. We tried to change the mortgage (and hence the deeds) to just my name but unfortunately I fell a little short on my earnings. Despite this I have kept up the payments for 5 years and maintained the property.
The ex, in 2014 instructed a solicitor to draw up an affidavit to remove her from the financial responsibilities and her beneficial interest in the property as she wanted this at that time and had said this ever since we split. She was also planning to marry.
At this point I had been made redundant and so would not have been able to transfer the mortgage. I still managed to pay it by finding short P/T contracts. Ex got married in Oct 2015 and again contacted me to get this sorted. In the circumstances the only option I had was to sell the house, which, of course she would have to sign to agree. It went on the market in January. A sale was found in April.
She went to see a solicitor to have this drawn up to pass the equity to me on the sale and they have told her that she should be entitled to 42% of the equity in the house, because of the original terms when we bought the house. There is only about £24,000 equity which includes the £13,000 I paid as the deposit when we bought it.
She paid no money when we bought it. She has paid about £900 during the 10 months she lived there. I paid the deposit, the fees and all costs, and about £32,000 in the interim in mortgage, insurance, repairs etc.
I don't think her claim is right or moral, but would I welcome any help from anyone.

dimbo61

How much does she want ? £££££
If you cant agree then NO SALE and you carry on living in the property and paying the mortgage till you retire or pass away ( Tell her that)

BTW you have caused her huge problems over the last 5 years and she has tried to sort this out a number of times BUT you were not in a position to buy her out or take on the mortgage yourself

AnotherJoe

You say she wants 42% (confusing typo 40% in the headline) and the agreement you signed says she owns 42%. So whats your issue? ????


If its that you were paying mortgage in the interim, well no doubt she's been paying rent elsewhere. Or if she hasnt, well thats fortunate for her.

You could get into an expensive court case where her solictor will ask you to read the clause out about how much she owns,and then the other clause whereby that value decreases each year she doesnt pay into the mortgage - the non existent clause.

Or you could pay it and be done.

dexterwolf

From what you have said she owns a share of the house so you either sell and give her the 40% or stay and say you aren't selling what will she do then pay a solicitor to try and get you to pay her rent possibly

K4zzo

Is there no obligation on her part in the interim to pay anything towards the house?
Yes, I could understand paying something to her for sole occupancy if she were paying anything for the house or had she continued to pay any part of the mortgage.
i've been paying her 42% of the mortgage for 5 years... Does that count for nothing?

K4zzo

I haven't caused her 'huge problems'. We both tried to sort it out at first. Neither could afford to do transfer initially so we both left it that way. If she had wanted to share the cost prior to my being made redundant it could have been done then, but she didn't. It was only when she was getting married that she decided it really did need to be done.

AnotherJoe

K4zzo wrote: »

i've been paying her 42% of the mortgage for 5 years... Does that count for nothing?

I'd say it counts for little alongside;
She could say "I've been paying rent and thus someone else's mortgage for years"

She could also say "you've tied up my deposit amount for 5 years when I needed it"

If you wanted her to own an ever decreasing share of the house, why didn't you build that into the initial agreement or the settlement when she left ?

It was also your choice to stay in the house. You could have sold it but didn't. When you chose not to sell it, why didn't you come to an agreement about this share?

You chose to pay the mortgage.

Maybe if you'd sold the house your rent would have been more than the mortgage payments.

Your choices, your decisions. I don't think you have a leg to stand on.

Give it up, get rid, get over it, move on.

K4zzo

Ermmm How could I tie up her deposit? She put nothing in? I paid all the deposit. She paid nothing in the interim. I paid it all. She has literally paid nothing, other than a small amount when she lived there.
Never mind, wasn't sure if you could help or not...

Floxxie

I'd understand what you are saying if you hadn't had a deed of trust drawn up, but you have and it states that she is entitled to 42% of the equity. That is it.

Voyager2002

The law is very clear: if the issue went to court, your agreement would stand and the court would order you to pay the 42 per cent share to her.
Morally it is less clear cut...

elsien

Some solicitors offer half hour free appointments. It might be worth you taking up one of these just to give you a fuller indication as to which way things might go and whether you then want to continue paying for proper legal advice.
Alternatively do you have legal advice as part of your household insurance?