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Mortgage seperation advice pls- complex

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Hello,

Please can I get some advice? My ex partner and I are tenants in common on our property that I am am occupying with our 11 year old son. We both own the property.

My uncle sold me the property at below market price to avoid capital gains tax (I didn't even know what this meant at the time, I was young). It therefore appears that my ex put in 50% more deposit.

He has rarely worked since I have known him. He wasn't working when we took the mortgage out but we got it on the strength of my ability to re-pay. He has paid virtually nothing towards anything in the property/mortgage and I have had a child maintenance claim running against for years- whereby he has also paid virtually nothing.

My ex partner moved out 7 years ago. On paper it appears that he paid £28k to my £14k. My ex painted one room- I have paid for and refurbished all of the rest of the property- at least £10k's worth.

We (my family) want to avoid going to court, we think (for obvious reasons).

What claim might my ex have in this situation pls? How's can I get out of this mess- does anyone have any bright ideas pls? We were never married.

Many thanks all

Comments

  • steeeb
    steeeb Posts: 373 Forumite
    You say remnants in common. What split? 50/50? Was there any deed or anything signed to explain how it's split?

    What was the purchase price?
  • silvercar
    silvercar Posts: 49,616 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    My uncle sold me the property at below market price to avoid capital gains tax

    Leaving aside that this shouldn't be possible with related parties ie the CGT should have been calculated at market value, why would this mean that your ex put in a larger deposit? Either he did or he didn't.

    How the property is owned legally is what counts - joint tenant would assume a 50/50 split. Though a child and your need to stay in the property may give you more.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • All documents were stolen when ex's mother did an uninvited/unknown house clearance!

    Solicitors have folded. New firm says documents destroyed after 7 years.

    So my uncle sold us the house and knocked £14k off to avoid CGT. So paper trail- bank statements show ex as putting in twice as much. Don't know where I stand with that.
  • I don't want to quote the value in open forum but could mage you if relevant. I really appreciate your responses. Thank you
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