Ex-Partner Claiming Stake in property sale?

Cyclequeen

Long time reader, first time poster as I couldn't find any posts to answer my question.

I split up with my partner a few years ago, it was mutual. We weren't married, but both our names are on the house deeds and mortgage. No kids involved. When we split, we agreed I keep the house and he took what he wanted from the house. In the end I didn't even have a bed so had to buy new.

I couldn't get a mortgage in my own at the time, so we agreed I'd sort it when I could.

Fast forward and I'm now selling finally. Last week I had a call from my solicitor saying the documents returned from my ex claimed he was taking a % of the sale, but obviously my documents said it was all going to me.

It may sound stupid, but is there anything I can do? I have always paid the mortgage from my account along with all bills and utilities. There has been maintenance completed since, which even needed doing while we were together, which I had to pay for myself.

I'm already selling at £15000 less than the valuation, and the only left over will cover Conveyancing fees and the deposit on my new home.

We now have a baby on the way and I could really do without this stress.

middleclassbutpoor

It always gets messy when a relationship breakdown happens.

Legally he is probably entitled to 50% of any remaining equity unless you have anything in writing which suggests he has waived his rights.

Your solicitor should be able to advise what your legal rights are but as you have not been able to buy them out before now, they probably see it as some easy cash that is rightfully theirs and what you say when there is no money on the table and what you say when there is could be totally different. They may be in a different position to when they agreed this. You should have got an agreement drawn up at the time of the split.

If you can prove they have not contributed financially to the mortgage or upkeep of the house then you may have a claim but this will require further legal action and your Solicitor should be able to advise you

Thrugelmir

Cyclequeen wrote: »

I have always paid the mortgage from my account along with all bills and utilities.

Your ex has incurred expenditure too.

I couldn't get a mortgage in my own at the time, so we agreed I'd sort it when I could.

Fast forward and I'm now selling finally.

Likewise your ex has had to wait unable to force you to do anything.

Unless you've legally documented the arrangements of your split. Then your ex has the power to frustrate. Though one assumes would compromise. If a reasonable offer was made.

tlc678910

Hi,
This question has popped up on the forum before and the person who is absent from from the property and hasn't paid the mortgage can be advised by their solicitor that the other persons claim for non payment of mortgage can be balanced against "rent" for you living in their half of the property. (If the property were empty it could be rented out and the mortgage paid or the money split).

You could well have to split the equity with your ex and your sale could be delayed until you agree as your solicitor won't want to sell and get the money if you haven't agreed how they are authorised to distribute it.

The fact that you need the money isn't really relevant - your ex could equally feel they need it.

Edit: why are you selling at 15k below valuation?

jonnygee2

. When we split, we agreed I keep the house and he took what he wanted from the house.

I'm surprised that he agreed to this. Some furniture is not the same as an asset like a house, even in the unlikely situation it was as valuable at the time of the split. I suspect he thought he was agreeing to moving out, rather than actually giving up his 50% share of the property, which would be a much more reasonable proposition.

Long story short, sounds like you own 50% of a property, not 100% of a property.

SunnyBunny

Hi

Chin up - it may not be as bad as handing over 50%. This is what happened to a mate in a similar position:

They were unmarried/no kids, they bought a property together as joint owners for 4 years. Relationship ended he moved out. He paid the mortgage for those 4 years - she paid everything else bills etc including home improvements loans. When he left he paid £0 - so she had to pay everything.

Bank said his name must remain on deeds/loans as she could not get mortgage on her own.

This was the situation for some years (at least 15!) until about 3 years ago friend got some money and asked ex to accept a small amount to take name off. He wanted something like 25% of the current value of the property. She did not have that kinda cash.

After some encouragement I persuaded her to see a lawyer that had been recommended - she was really scared so I went with her for morale support. The lawyer explained that there had been various precedents set in law, that the "rent" agrument (as mentioned above) did not apply.

The lawyer worked out a sum based on the 4 years of mortgage payments plus a bit of interest (£10k) and made an offer - it took some months but he eventually agreed on £15k (just under 5% of property value). The lawyer was amazing and knew the law - rather than making assumptions - which people can be prone to do.

From what you have stated here, your situation looks more favourable than my friends. How long were you together in this property and how much did he pay? Then your lawyer/solicitor could pay your ex a sum for costs/inconvenience so that you can sort this out quickly.

Stay as calm as you can.