Help needed with reference to being forced to sell my flat.

Kerwitz

Hi.. first time “asker of help”..

Me and my ex partner bought a shared ownership property in 2007. In 2013 she walked out on me and our 2 children. I had them full time until she found herself a flat to rent and I continue to have them a minimum of 3 nights a week. They’re aged 10 & 6.
This year I decided to put the flat up for sale and because myself and the ex had a good relationship and because she used to work in property management I asked for her help I’m getting it on the market. At the time, she asked if I would be giving her money if/when the flat sells and I said yes, because it would benefit the kids more than anything...
Now she’s seen the value of the property and has held me ransom with regards to forms being filled in where the money would go when it sells.. she said she’s not happy it going into my account.. this has been going on for a couple of months now so I just told her to take it off the market and that I don’t want her help anymore.. a month ago I ended up being rushed into hospital to have a disc removed from my spine. While I was recovering she informed me that she’s been to a solicitors and she’s trying to force me to sell my flat..

Ok here are the main things to know about the situation and why I’m not happy about it....
i) she has not paid a penny towards the mortgage since the day she left... over 5 years now. When she left the flat was in negative equity and I have paid everything thereafter for it to be the value it is now.
ii) I have the kids here with me between 3-4 nights a week AND pay her nearly £300 pm CSA.
iii) before the CSA, I used to pay her £50p/w AND £50 a week childcare. (My overtime got cut for a few months so she went ahead and got the CSA involved)..
iv) I’ve been told my recovery from my injury could take a couple of years to fix itself.

Now from all of the above, does it seem she’s in a position to a) make me sell the flat and b) can I legally be made to have to give her a lump sum even with what I pay her per month and the fact she’s paid nothing since she walked out..

Thanks in advance.!

P

Sandgrownun

Has she actually made an application to court? If not then neither of you can really make the other do anything. If she has then it's probably for the best as there's clearly a property dispute which needs a court decision. The court will look at the finances from a neutral perspective if you can't reach agreement.

Pixie5740

Kerwitz wrote: »

[STRIKE]Hi.. first time “asker of help”..

Me and my ex partner bought a shared ownership property in 2007. In 2013 she walked out on me and our 2 children. I had them full time until she found herself a flat to rent and I continue to have them a minimum of 3 nights a week. They’re aged 10 & 6.
This year I decided to put the flat up for sale and because myself and the ex had a good relationship and because she used to work in property management I asked for her help I’m getting it on the market. At the time, she asked if I would be giving her money if/when the flat sells and I said yes, because it would benefit the kids more than anything...
Now she’s seen the value of the property and has held me ransom with regards to forms being filled in where the money would go when it sells.. she said she’s not happy it going into my account.. this has been going on for a couple of months now so I just told her to take it off the market and that I don’t want her help anymore.. a month ago I ended up being rushed into hospital to have a disc removed from my spine. While I was recovering she informed me that she’s been to a solicitors and she’s trying to force me to sell my flat.. [/STRIKE]

Kerwitz wrote: »

Ok here are the main things to know about the situation and why I’m not happy about it....
i) she has not paid a penny towards the mortgage since the day she left... over 5 years now. When she left the flat was in negative equity and I have paid everything thereafter for it to be the value it is now.

I assume that as you say "ex partner" you were never married or in a civil partnership?

How is the property owned? Tenants in Common, if yes what is the split? Joint Tenants?

Is there a Declaration of Trust setting out what will happen in the event of a relationship breakdown?

The fact you have paid the mortgage on your own for 5 years is largely irrelevant. Presumably she has been paying to live elsewhere during that time.

Kerwitz wrote: »

ii) I have the kids here with me between 3-4 nights a week AND pay her nearly £300 pm CSA.
iii) before the CSA, I used to pay her £50p/w AND £50 a week childcare. (My overtime got cut for a few months so she went ahead and got the CSA involved)..

If the CSA have calculated that you should be paying her £300 a month based on your current earnings and how often you have the children then that's what you should be paying and is irrelevant in terms of splitting the equity.

Kerwitz wrote: »

iv) I’ve been told my recovery from my injury could take a couple of years to fix itself.

Irrelevant in terms of splitting the equity.

If your injury means your income has reduced further then go back to CSA and get them to recalculate how much you should be paying.

Kerwitz wrote: »

Now from all of the above, does it seem she’s in a position to a) make me sell the flat and b) can I legally be made to have to give her a lump sum even with what I pay her per month and the fact she’s paid nothing since she walked out..

Thanks in advance.!

P

She is a joint owner of the property why do you think she wouldn't be able to take you to court and force a sale?

As for how much equity she is legally entitled to that comes down to how the property is owned and what the DoT says.

Furthermore, if you try and obstruct the sale of the property the court could award her costs from having to take you to court against you to be deducted from your share of the equity.

silvercar

Me and my ex partner bought a shared ownership property in 2007.

That's the starting point. You bought together, you own together, you both share the proceeds.

i) she has not paid a penny towards the mortgage since the day she left... over 5 years now. When she left the flat was in negative equity and I have paid everything thereafter for it to be the value it is now.

It's the value it is now because of house price inflation. What you have "done" is wait for the market to pick up. Is the mortgage repayment or interest only? If IO then all you have done is pay the interest and not increased the equity. If it is repayment then calculate how much capital you have repaid and how much was interest. That would be a good starting point, to have the capital you have paid going towards your share.

iii) before the CSA, I used to pay her £50p/w AND £50 a week childcare. (My overtime got cut for a few months so she went ahead and got the CSA involved)..

Sound like you were paying less than CSA levels. You lose points for that not gain any credit in my book.

Now from all of the above, does it seem she’s in a position to a) make me sell the flat and b) can I legally be made to have to give her a lump sum even with what I pay her per month and the fact she’s paid nothing since she walked out..

She could go to court to force a sale. You can be made to give her a lump sum as she part owns the property.

Smi1er

Kerwitz wrote: »

she’s trying to force me to sell my flat..

Wish her luck. It will take ~ 1 year and cost her a lot of money, money that she won't be able to claim from you.

My first move would be to establish what the value of the property was in 2013 when she moved out.

Pixie5740

Smi1er wrote: »

Wish her luck. It will take ~ 1 year and cost her a lot of money, money that she won't be able to claim from you.

My first move would be to establish what the value of the property was in 2013 when she moved out.

Really? There has been more than one thread on this forum where the person obstructing the sale has been forced to cover the other party's costs.

Comms69

And no reason for her to not have a share at current prices. She’s forced to rent by virtue of being named on a mortgage...

Mrs_Imp

silvercar wrote: »

Sound like you were paying less than CSA levels. You lose points for that not gain any credit in my book.
.

It reads as though he was paying £50/week plus £50/week, which is a little over £400/month. Now he's paying £300/month.

silvercar

Mrs_Imp wrote: »

It reads as though he was paying £50/week plus £50/week, which is a little over £400/month. Now he's paying £300/month.

Depends if the childcare was to cover the days he had the children, in which case it would be ongoing.