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Ex-fiance wants half the profits from sale of my house.

13

Comments

  • sparkey1
    sparkey1 Posts: 444 Forumite
    100 Posts
    edited 30 July 2018 at 9:32PM
    She isn't married to you and is not on the deeds. She has no money. She cant take you to court, and she will lose anyway. I have just as much entitlement to your house as she does. I wont settle for 10K, I will take 5K!

    So find yourself another partner and get them to move in!

    As for no win no fee, you still need the money to start a claim.
  • whambar
    whambar Posts: 39 Forumite
    Tenth Anniversary 10 Posts Combo Breaker Name Dropper
    Mate

    I got divorced and split equity 50/50 (2 years mortage new build so little growth no kids both worked) when we bought we had a significant deposit but I put in 90% to her 10%

    Now back then I thought it’s only money I’m glad to be rid of her, however a few years later I’m paying maybe £300 per month more each month for 20 years and I resent that it’s like a ball and chain or ghost of Christmas past

    Offer her a return of everything she has contributed - so sweet FA

    Spend something on you - some nice clobber, trendy haircut slap on some brut 33 and get out a meet someone who will offer mutual respect - don’t need to sell the house to move on just maybe replace the boiler
  • iammumtoone
    iammumtoone Posts: 6,377 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper I've been Money Tipped!
    I would offer her enough to start out a fresh to put a deposit down on a flat and a couple of months rent in you area.


    I would class that as more than fair, anything more and she can take you to court.


    Her not working is now going to work in your favour, how can she prove that she put anything into the house if she doesn't have an income. Yes she helped by doing work on the house and housework but I would class that as payment for her free keep.
  • sal_III
    sal_III Posts: 1,953 Forumite
    Fifth Anniversary 1,000 Posts
    Unfortunately, any legal action might get some traction - I was involved in a long painful case myself where the other party was on a "no win no fee" legal advice and eventually we had to settle before the costs reached ridiculous levels despite wining every step along the way in the lower courts.

    As you might see in some high profile cases in the press, she could argue that it was her being a "homemaker" that allowed the OP to have his career etc. Obviously a lot of this would be his word against hers and for good or for bad in these days of equality, this "homemaker being an important role in a partnership of equals" argument is getting more traction in the courts!

    If the OP can settle for £10k, do it and move on would be my advice!
    Were you married by any chance?

    One way of doing it is to first dump her and kick her out, then look to sell the property in the future at your leisure, when she won't have any leg to stand on.

    If you follow the advise given by some people to give her money for 6 months rent, make sure not to sign as guarantor for the rent, or you will end up paying it until kingdom comes. She will struggle to find rented accommodations with no income. Hope her parents have a spare room.

    Make sure you change any PINs, passwords and locks at the end. Be prepared to be portrayed as the "bad guy" to all your mutual friends. Hell hath no fury like a woman scorned and all that.

    Last but not least - congratulations on finally realising the un-workability of such a relationship. Stay at home mom looking after idealistic hobbies in whatever little spare time she has, while the kids are in nursery/school is one thing. Good for nothing idealistic sponge with no real world perspective is completely different.

    If she thinks that claiming JSA or other benefits and letting your mates know she is using your CC (like they don't already know LOL) is depressing/shameful, wait until she has to explain she is homeless and/or have to move back with her parents.
  • DairyQueen
    DairyQueen Posts: 1,865 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    You are not married and have no children.
    She has contributed zero financially to the house or, indeed, anything else.
    The house and mortgage are in your sole name.

    Legally she has no claim at all. There is no such legal entity as 'common law spouse' and engagement has no status in law. Either you are married/in a civil partnership and have the protection of the law, or you aren't, and you don't.

    Legally you can give her notice to quit your house and have her evicted if she refuses. She has no legal claim on your house, or on any other asset in your sole name.

    I think she has been more than compensated for her assistance with the renovations and domestic effort. You have supported her financially for many years. I think she has received a pretty good deal.

    You are off the hook ethically as well as financially.

    See a solicitor as s/he will be able to... a) confirm the above and....b) advise on how best to handle her eviction. You may wish to calmly suggest that she also follows suit (at her own expense, of course). It will be a wake-up call for her and should prompt her into job-seeking very promptly as I doubt she is entitled to even a 30-day notice period.

    I'm sure that she has friends/family with whom she can stay. After she leaves you can immediately change the locks and put the house on the market.
  • You need to get this parasite out of your life and home immediately. Once she is gone change the locks on the doors, cancel any credit cards where she is the additional cardholder, change your PIN Numbers and passwords etc..


    Do not discuss the matter or pay her anything further until you have taken professional legal advice.


    You owe her nothing.
  • DigForVictory
    DigForVictory Posts: 12,244 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    By all means move on, but stay in the house until you have got her out of it.

    In order you need a solicitor, a locksmith & a new strong-minded girlfriend who isn't on for anything long-term but will enjoy making the other woman back away & help you through the inevitable character assassination that will be part of it.

    Only then an estate agent.

    Try to avoid self medicating with anything other than exercise. The endorphins are loads of fun & much less hard on your body (& wallet) than cigs, booze & other drugs. Best of luck getting rid of the parasite.
  • Kynthia
    Kynthia Posts: 5,692 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    While I value all contributions in a relationship and not just financial ones, it doesn't sound like she's been contributing that much. Doing more housework and cooking would be the minimum expected to pay your way for food and bills when not working or looking after children and you're fit and healthy. I doubt she paid towards any renovations and unless she was highly skilled at DIY I doubt she did much more than decorative work which doesn't increase the value of the property.

    So she's not contributed financially, or greatly in any other way, or raised your children. You never had any intention or her gaining an interest in your property as otherwise you'd have put her name on the deeds. So she's not entitled to anything. A few grand would shiw you were more than fair and would aid getting her out, but I'd document the fact you've given this out of the kindness of your heart.

    I'd consider gathering evidence of her lack of financial contributions, any records of you not wanting her to have an interest in your property the fact you paid for all renovations, you werent happy with her not working, etc. Just in case she took you to court. However I think it's unlikely she would and unlikely she'd win.
    Don't listen to me, I'm no expert!
  • You've had a very lucky escape and although i'm not a lawyer, i think you'd be crazy to give her any money at all!

    as someone else has said. change the locks, pack up her stuff and if you're feeling generous offer to drive it to her parents / relatives house. if you're not feeling generous tell her when she can collect it from your driveway.

    i can't see how she would afford a lawyer or even if she could, how she would win a case where she's contributed nothing financially / to your joint lifestyle. you've been more than generous in your years together.

    is it worth speaking to a solicitor and even paying them to write a letter to say that they are acting for you and that she has no chance of winning etc? it might put her off pursuing 'legal action' before she even gets started!
  • Is it really as straightforward as seeing her off with 10K? What if she does get to see a NWNF solicitor (open even to the penniless if they like her chances), and attempts to argue that there was 'an implied trust' between you, which just as it sounds - doesn't need to be in writing? Wouldn't 30K to save you the trouble of countering that, plus avoiding the risks of a higher award be more reasonable?
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