split from other half - house question

££sc££

so you all lived there from 1993. then in 2003 he exercised the right to buy? 2003-2007 he paid the mortgage. 2007 - 2016 you paid the mortgage. 2016 you left.

For the 9 years you paid by withdrawing cash from your bank account and paid back in to a bank using his mortgage paying in slips? I can see why proving your payments seems difficult if this was the case. however, if your cash withdrawals from your bank account tie up with the mortgage payments received, and your ex has no proof of making any payments i would have thought this would be believed?

TBagpuss

You can register a restriction against the property now, asserting a beneficial interest based on your contributions.

it is then open to you to make a claim under ToLATA - this is slow and expensive bu if you win your ex may be required to pay yor costs as well as any setttlment figire.

Procedural rules of court apply and are strict, so if you go down this route, look for a solicitor who deals with litigation regularly and who is experienced with ToLATA cases - depending on the individual's areas of expertise this may be a solicitor in a Family department or one in a litigation department, so do talk to them first. What is said in negotiations can be relevant to any final settlement so get advice before you make any proposals to him.

Were you withdrawing money from your bank account to make payments? If so,your own bank statements will be helpful.
In this sort of situation, your actual contributions are relevant, so you would not automatically get 50%, your claim would relate to what you paid compared to what he paid. If the discount was due to his tenancy then that counts as if he made a capital contribution of the amount of the discount, so add that amount to any deposit he paid when looking at the figures.

rtt2017

marliepanda wrote: »

So who was the tenant? Who got the right to buy discount?

Did you somehow 'fiddle' the right to buy in order to get the discount? You wouldn't have qualified for much if you only moved in 2003?

from what I recall, His parents lived there since the house was built in the 1970's, he then took over and I think he had his dad still on tenancy then, thats why we got right to buy, we got it for 17k, and it was worth 70k or so

rtt2017

Guest101 wrote: »

That isn't what I meant, where did you get the money from??

from my job at the NHS

rtt2017

££sc££ wrote: »

so you all lived there from 1993. then in 2003 he exercised the right to buy? 2003-2007 he paid the mortgage. 2007 - 2016 you paid the mortgage. 2016 you left.

For the 9 years you paid by withdrawing cash from your bank account and paid back in to a bank using his mortgage paying in slips? I can see why proving your payments seems difficult if this was the case. however, if your cash withdrawals from your bank account tie up with the mortgage payments received, and your ex has no proof of making any payments i would have thought this would be believed?

Yes that is correct, he was out of work for a good few years too, so he possibly can't say he paid it then, but I presume its upto me to prove I did pay it and not for him to prove

My bank statements will match the amount withdrawn and paid in, so glad that can be used

rtt2017

TBagpuss wrote: »

You can register a restriction against the property now, asserting a beneficial interest based on your contributions.

it is then open to you to make a claim under ToLATA - this is slow and expensive bu if you win your ex may be required to pay yor costs as well as any setttlment figire.

Procedural rules of court apply and are strict, so if you go down this route, look for a solicitor who deals with litigation regularly and who is experienced with ToLATA cases - depending on the individual's areas of expertise this may be a solicitor in a Family department or one in a litigation department, so do talk to them first. What is said in negotiations can be relevant to any final settlement so get advice before you make any proposals to him.

Were you withdrawing money from your bank account to make payments? If so,your own bank statements will be helpful.
In this sort of situation, your actual contributions are relevant, so you would not automatically get 50%, your claim would relate to what you paid compared to what he paid. If the discount was due to his tenancy then that counts as if he made a capital contribution of the amount of the discount, so add that amount to any deposit he paid when looking at the figures.

I did think about the discount, the only reason we got that was because of his tenants long tenancy, its probably why he thinks hes entitled to it all. However, if the mortgage was fully paid by me, then he would not have a house if it wasn't for me

this is all very tricky, but I do appreciate your answer. Thanks for recommendation on which type of solicitor I should see, as that was going to be one of my questions

regarding putting a restriction in place, I don't have to worry about that, I have a feeling he is going to move his new girlfriend in, and therefore staying forever. The original plan was for my stepson to buy the property and live there, and split the money 50/50, but I guess the new girlfriend has changed that

Guest101

rtt2017 wrote: »

from my job at the NHS

Then I stand by my point - you have a beneficial interest in the property. A family law solicitor should be familiar with this