Separation - house/mortgage query

hello_petal

My partner decided to end our 7 year relationship and we are in the process of sorting out the house/mortgage. We bought the house just under 3 years ago as joint owners. He wishes to keep the house and take on the mortgage/sole ownership.

We bought the house on an initial 3 year fixed deal mortgage. We are a few months short of the fixed term so my ex wants to wait until this ends in August before transferring ownership to avoid early repayment charge. He also wants to make sure he has cleared existing financial commitments to ensure he is eligible with the lender to take on sole mortgage.

I have now moved out of the property - he asked me to leave as it was very awkward living together following the split. I have also stopped paying into our joint account upon his request. He is now making full mortgage payments. I am living with my parents until I can buy a property of my own but I am unable to do so while I am still tied on the existing mortgage - frustrating but I guess there is nothing I can do about this situation until I'm removed from the mortgage.

My query relates to the legal costs and house keys. He has instigated all of this and made me leave our home therefore I was wondering if I will be liable for any of the costs to transfer the mortgage into his name?

He has asked me to return the house keys however I am unsure whether I should freely do so while my name is still on the mortgage? I don't have a problem giving him the keys back but I just wanted to check whether I should hang on to them as legally I'm still tied to the house? Should I wait and give them back when my name is removed?

Thanks in advance.

Thrugelmir

Is your partner buying in their sole names the house a realistic proposition? In that the mortgage is affordable and they can raise enough to buy you out.

Let you partner pay their own costs. After all you've all the costs when you buy again. Your partner doesn't have the hassle of finding somewhere new either.

Don't let the situation drift though. Whatever is agreed to stick to it.

AnotherJoe

hello_petal wrote: »

My query relates to the legal costs and house keys. He has instigated all of this and made me leave our home therefore I was wondering if I will be liable for any of the costs to transfer the mortgage into his name?
.

This in entirely a matter for negotiation / agreement. Since he seems so keen to get it all done, and since he cannot transfer it without your agreement, you would seem to hold the upper hand here.

Regards the keys, if you have all your belongings then I see no downside in returning them. He could after all simply change the locks anyway.

Mojisola

hello_petal wrote: »

We bought the house just under 3 years ago as joint owners.

I have now moved out of the property

I have also stopped paying into our joint account upon his request.

He has asked me to return the house keys

Should I wait and give them back when my name is removed?

While you an owner of the house, you have the right to enter (and to go back and live there if you chose to). He could change the locks but so could you.

You could give him back your key but he wouldn't know whether you had made any copies.

Get the joint account closed down asap.

hello_petal

AnotherJoe wrote: »

This in entirely a matter for negotiation / agreement. Since he seems so keen to get it all done, and since he cannot transfer it without your agreement, you would seem to hold the upper hand here.

Regards the keys, if you have all your belongings then I see no downside in returning them. He could after all simply change the locks anyway.

He is saying I am being obstructive by not handing back the keys and won't feel safe (?!) until he knows all keys are in his possession. I'm not withholding them to be mean, I'm just unsure of where I stand legally. My worry is that by doing so I will not have access to the house if something go wrong in the interim until I am legally removed from mortgage and deeds. Also if the transfer process is not straightforward and we are forced to sell then shouldn't I need a set of keys until the property ties are severed?

Mojisola

hello_petal wrote: »

He is saying I am being obstructive by not handing back the keys and won't feel safe (?!) until he knows all keys are in his possession.

What does he think you are going to do between now and August/September?

It could be that friends/family have suggested he gets the keys back because of stories of vengeful ex-partners cutting up clothing or damaging other belongings.

hello_petal

Mojisola wrote: »

What does he think you are going to do between now and August/September?

It could be that friends/family have suggested he gets the keys back because of stories of vengeful ex-partners cutting up clothing or damaging other belongings.

Exactly! I found this quite a bizarre statement for him to make given that I'm not a vindictive person in any way and least likely to hold a grudge or lower myself to some sort of revenge tactic. I'd have thought after 7 years together he'd know me to be better than that. I suspect it's his way of controlling the situation and making sure he gets what he wants.

AnotherJoe

They keys are an irrelevance to everything. If he thinks they are a big deal but you wish to keep one (which again is pointless because it makes no difference whatsoever to your legal rights*) then just take a copy as hinted by Mojisola, tell him he's got all the keys, and focus on the finance from now on. I'm surprised as he's so controlling that he hasn't had them changed anyway.

Close the joint account asap. Do it with him with his agreement so it doesn't derail any mortgage or other regular payments unexpectedly and doesn't appear vengeful.

Then regards the fees, to reiterate, you have the upper hand here, dont overplay it in terms of ramming it down his throat, but since he's the one initiating this, you can make it clear that he'll be paying those as the instigator, so the monies returned to you will not include any deductions for these. This needs to be clear when the process starts, you'll need a solicitor to do all this, and if he gets shirty, point out that if you get your own solicitor he'll be paying for that as well as his.

* If your rights depended upon having a key it would be a very strange situation indeed. "Oops lost my keys so I dont own the house any more"