Does his ex get half his house even she never lived there?

Cat236

I need help, my boyfriend and I are buying a house together he is selling his house to do this. Everything has been going great with the process of selling until the solicitors have told us that any profit of the house will be shared with his ex.
When my boyfriend bought his house 8 years ago, he solely bought the house in his name with a little help from his dad (his dad went down as a lender). The intention was that his ex would move in at some point so he put her down as an occupatent of the house. She never contributed to the purchase in anyway. They broke up before she moved in so never bought or paid for anything in the house. When they first broke up he asked her to take her name off as occupant but she refused. He got a advise from a solicitor at the time who said he shouldn't worry about it.
Now the solicitor says he has to give half of the profit of the house to her. She has never been back since the brake up and has never made a claim on the house. To give all this money for nothing after 8years seems crazy. And without this money we can't really afford the house we want.
Heartbroken that this happening can anyone give any advise please?

getmore4less

Get a new solicitor.

being named as an occupiers does not get beneficial interest in a property.
(ask the solicitor why they think it does)

Are you sure there is not more to this.

Cat236

I was thinking the same.
On all the documents she is only put as occupier. Searching on different websites all night I couldn't see why she would be entitled to a claim. I will look over all the paper work double check. We have appointment with the solicitor on Monday hopefully its all a mistake though the new solicitors is probably the best idea.
Thankyou so much for your quick reply.

bouicca21

Were they married? That would make a difference to the potential outcome.

Cat236

No they were never married. They both lived speratley, he bought the house with the intention of her moving in that's why she was put down as an occupier . When they broke up she was living in her own house.

ScorpiondeRooftrouser

I am not sure what he could have put her name down as an occupier on that she would have the right to refuse to be taken off. Can you explain exactly how she is listed as an occupier and on what?

gettingtheresometime

Is she on the deeds in any way?

Cat236

She's not on the deed I don't think? It's been my boyfriend who has been dealing with the solicitors as it's his house.
It's on a declaration of trust that she is on as occupier. My boyfriend is down as the owner.
She never lived in the house or paid into it does that make difference?

He has only just told me about the declaration of trust. So very mad right now.

Cat236

Checked with my boyfriend it's something called a declaration of trust?
He is down as the owner, she is down as the occupier.

GwylimT

Cat236 wrote: »

She's not on the deed I don't think? It's been my boyfriend who has been dealing with the solicitors as it's his house.
It's on a declaration of trust that she is on as occupier. My boyfriend is down as the owner.
She never lived in the house or paid into it does that make difference?

He has only just told me about the declaration of trust. So very mad right now.

A declaration of trust will probablt show the proportion of the home or profit that the ex girlfriend owns.

Cat236

So it will be half as that's what the solicitors want to give her. He's such an idiot!
Can the declaration be challenged? She never became an occupier of the house? She hasn't been in contact with since she left him.