Tenants in common - forcing other out

richy4

My current partner has been living in property which was originally bought with her ex.

They are tenants in common.

They purchased the property together. Only my partner contributed a deposit.

They got a joint mortgage which is still on the property, although it's under £150k now.

Nothing was done about the property and the ex did not take anything with them or specify any demand or desire for anything.

My partner continued to pay the full mortgage payments alone.

Fast forward to today, the ex wants 'their share'. My partner saw a solicitor and the ex is apparently entitled to nothing back apart from second hand value of furniture they originally paid for. My partner is happy to pay this. The ex has stated they want occupational rent and all of their mortgage payments back, this is ridiculous and was rubbished by the solicitor and any claim for occupational rent is cancelled out by equal claim of my partner for the ex's share of absent mortgage payments!

They are currently at a stalemate. The ex won't remove themselves from the ownership or the mortgage without a significant cash 'share'.

So, is there a way of forcing the ex off the mortgage and ownership or at the very least forcing the issue to court with a view to get the ex off the mortgage? I have been looking into how to obtain a financial order via court, is this the correct procedure for my partner to pursue or what is the process via court? Unfortunately we have exhausted all conciliatory options!

Comms69

richy4 wrote: »

My current partner has been living in property which was originally bought with her ex.

They are tenants in common. - what shares?

They purchased the property together. Only my partner contributed a deposit, the ex paid for furniture and some legal fees. - not relevant really. He paid for furniture and legal fees, she paid a deposit. Why should his money be worth less?

They got a joint mortgage which is still on the property, although it's under £50k now.

They lived in the property for 3 years, sharing all bills and the mortgage 50/50. - so he's definitely entitled to something. Then the ex decided to move out. Nothing was done about the property and the ex did not take anything with them or specify any demand or desire for anything. - how very nice of him

My partner continued to pay the full mortgage payments alone, also paid off another separate loan/charge against the property and has been making overpayments regularly. - excellent. with your help now too?

Fast forward to today, the ex wants 'their share'. - fair enough. My partner saw a solicitor and the ex is apparently entitled to nothing back apart from second hand value of furniture they originally paid for. - get a better solicitor. My partner is happy to pay this. The ex has stated they want occupational rent and all of their mortgage payments back, this is ridiculous and was rubbished by the solicitor - it's not ridiculous. Your partner has benefitted by using his credit to keep the house and any claim for occupational rent is cancelled out by equal claim of my partner for the ex's share of absent mortgage payments! - possibly. she's gained by enjoying the property to herself Therefore, my partner's share is around 98+% and the ex is entitled to only 1% if that, as it is only second hand furniture costs! - that's not true.

They are currently at a stalemate. The ex won't remove themselves from the ownership or the mortgage without a significant cash 'share'. - fair enough. They aren't legally entitled to this - they are, but a court will tell you that. and given the sizeable sums of overpayments and loan that my partner paid off, isn't willing to offer a sum as high as the ex demands.

So, is there a way of forcing the ex off the mortgage and ownership or at the very least forcing the issue to court with a view to get the ex off the mortgage? - short answer is, it'll be cheaper to pay him off I have been looking into how to obtain a financial order via court, is this the correct procedure for my partner to pursue or what is the process via court? Unfortunately we have exhausted all conciliatory options!

You're lucky he hasn't moved in. If he had posted here, that's the advice I'd give and I expect would speed along any payment.


I'd suggest entering negotiations before someone suggests that.

G_M

richy4 wrote: »

.....

So, is there a way of forcing the ex off the mortgage and ownership or at the very least forcing the issue to court with a view to get the ex off the mortgage? I have been looking into how to obtain a financial order via court, is this the correct procedure for my partner to pursue or what is the process via court? Unfortunately we have exhausted all conciliatory options!

Can't remove the ex off the mortgage unless either
* the lender agrees AND so does the ex, or
* the mortgage is paid off in full (perhaps by your partner taking out a new mortgage in sole name)

Can't force ex off ownership unless also removed from mortgage (see above)

'Forcing' anything (ie via courts) will be
* slow
* stressful
* very expensive

Either reach a compromise/ mutual agreement or use some kind of pressure to encourage ex to play ball.

Comms69

Just to add, the situation hasn't really changed (except your friend is now your girlfriend) since august: https://forums.moneysavingexpert.com/discussion/5693113=

Alter_ego

If they are tenants in common at 50/50 There is no forcing him to accept offers. He owns 50% (mortgaged of course)

richy4

Thanks for the replies.

I would like to know how/who decides who has what share.

But who decides this legally, or is it merely down to the tenants to decide and negotiate amongst themselves and agree?

From my research I understand if this was a joint tenancy it would be easier to obtain a financial order.

My partner fully accepts the ex is entitled to 'something' however this cannot be wholly unreasonable demands such as all the ex's mortgage payments returned (interest on mortgage would not be refundable anyway)

For the record, my partner IS financially capable of taking on the mortgage, I will not be playing any role, unfortunately I am a mere bystander in all of this :cool:

Comms69

richy4 wrote: »

Thanks for the replies.

I would like to know how/who decides who has what share.

It seems very obvious to me that my partner has the overwhelming majority, being most generous would be 95/5.

But who decides this legally, or is it merely down to the tenants to decide and negotiate amongst themselves and agree?

From my research I understand if this was a joint tenancy it would be easier to obtain a financial order, obviously the points you've raised suggest he could move in or even recommence paying the mortgage and in so doing begin to increase their share.

My partner fully accepts he is entitled to 'something' however this cannot be wholly unreasonable demands such as all the ex's mortgage payments returned (interest on mortgage would not be refundable anyway) and in addition such payments as service charges! No one benefits on sale from paid service charges so it is obscene the ex attempts to recoup such payments.

For the record, my partner IS financially capable of taking on the mortgage, I will not be playing any role, unfortunately I am a mere bystander in all of this :cool:

What share do they own in, 50/50? Then the starting position would be 50%

richy4

They never drew up any agreement upon purchase.

However, based on the 3 years living together and paying 50/50 mortgage and bills, that would be 50/50.

But my partner put in the deposit, so that must make their share more than 50/50.

Since the ex moving out, my partner has paid 100% of the mortgage and overpaid the mortgage. All of this equates to me as now unequal shares. My partner paid these payments for their own benefit, not the ex. If my partner ever believed the ex would come back asking for their 'share' then my partner would not have paid these.

Comms69

richy4 wrote: »

They never drew up any agreement upon purchase.

However, based on the 3 years living together and paying 50/50 mortgage and bills, that would be 50/50.

But my partner put in the deposit, so that must make their share more than 50/50 even during the 3 years living together.

Since the ex moving out, my partner has paid 100% of the mortgage and overpaid the mortgage and paid off an additional charge on the property (separate loan). All of this equates to me as now totally unequal shares. My partner paid these payments for their own benefit, not the ex. If my partner ever believed the ex would come back asking for their 'share' then my partner would not have paid these.

The solicitor quoted 'estoppel' in this regard. My partner believed the ex left in good faith, only for the ex to now return with this vengence.

Tenants in common own in shares. What is it?


Your partner cannot use Estoppel on a case of ownership that was never determined. He never stopped owning a share of the property, and whilst the ex shouldn't benefit wholly on her payments, especially overpayments, there is an argument that she was renting his part of the house, and the rental payments were used to pay the mortgage.

HampshireH

richy4 wrote: »

My partner paid these payments for their own benefit, not the ex. If my partner ever believed the ex would come back asking for their 'share' then my partner would not have paid these.

The solicitor quoted 'estoppel' in this regard. My partner believed the ex left in good faith, only for the ex to now return with this vengence.

Why wouldn't they come back for "their share"? In their mind they contributed for 3 years towards this property. Your partner has chosen to over pay since their ex left despite it being a joint mortgage???. If your partner had wanted this resolved they would have surely sorted this out when they split up rather than leaving it however long. This has opened the door for the ex to come back whenever he likes and try and make a claim.

What sort of equity are they looking at? I assume a reasonable amount hence his claim

Sounds like his expectations are unrealistic - but at the same time so are yours (are these theirs to or just yours?). They chose to buy this house together. They now need to resolve the problem together by sitting down (perhaps not together) and working out the math.

richy4

Tenants in common own in shares. What is it?

This I do not know. Is this an official thing written down in the documents?

Their ownership is tenants in common. And the rest of the facts I have already stated. I do not believe they ever officially declared who owns which share. They simply bought the property together, albeit naively and neglected these finer details...

Based upon what has happened since their split and the ex ceasing to reside at the property, I take it they can now calculate a share based on this.