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Split up with girlfriend. Taking over mortgage

Hi. Me and my girlfriend have split up. If the house were sold she'd probably be entitled to around 20k. But considering the initial purchase was funded by my parents she is willing to go for just a few thousand.
I am hoping to take over the mortgage and know I have to get the deeds signed over. Will she have to get an independent solicitor who will sit her down and talk her through just what she is owed? She is aware, but I don't want it all brought up again with a pushy solicitor trying to get her to change her mind. She is happy with her decision. Any advice would be greatly appreciated. Thanks
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  • pinkshoes
    pinkshoes Posts: 20,607 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hi. Me and my girlfriend have split up. If the house were sold she'd probably be entitled to around 20k. But considering the initial purchase was funded by my parents she is willing to go for just a few thousand.
    I am hoping to take over the mortgage and know I have to get the deeds signed over. Will she have to get an independent solicitor who will sit her down and talk her through just what she is owed? She is aware, but I don't want it all brought up again with a pushy solicitor trying to get her to change her mind. She is happy with her decision. Any advice would be greatly appreciated. Thanks

    Post some figures on here of who paid what? Then others can help say what is fair. If we agree with what she has (currently) agreed to, then all should be fine. If we all think she is entitled to more, then the solicitor will push for the same.

    Can you afford to buy her out? e.g. do you earn enough to take the mortgage on your own and have enough cash to pay her out and also potentially increase your required deposit?
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Are you remortgaging to take her name off?
  • TBagpuss
    TBagpuss Posts: 11,237 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    There is no requirement for her to get advice. She will need to sign the paperwork to transfer the property and this may well involve her seeing a solicitor, as she will, I think, need to have her ID properly verified.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • pinkshoes wrote: »
    Post some figures on here of who paid what? Then others can help say what is fair. If we agree with what she has (currently) agreed to, then all should be fine. If we all think she is entitled to more, then the solicitor will push for the same.

    Can you afford to buy her out? e.g. do you earn enough to take the mortgage on your own and have enough cash to pay her out and also potentially increase your required deposit?


    The figures aren't relevant to my question
  • TBagpuss wrote: »
    There is no requirement for her to get advice. She will need to sign the paperwork to transfer the property and this may well involve her seeing a solicitor, as she will, I think, need to have her ID properly verified.

    Thanks. So the solicitor won't advise her of what she is entitled to? She is already aware. It's just going to rock the boat.

    Can I arrange for this solicitor? Is it true that we both need separate solicitors?
  • Primrose
    Primrose Posts: 10,712 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've been Money Tipped!
    edited 29 October 2018 at 7:20PM
    I think it would be advisable for her to use a separate solicitor and I suggest she arranges this herself. She should also check when arranging an appointment what personal money launderig documents she will be required to take along to complete the process.

    If she is happy with financial agreement made between the pair of you she should tell the solicitor up front that advice is not needed and all she needs is the relevant documentation drawn up to enable to process to be completed. However why would you want to screw her financially? And why would she want to take less than her entitlement ? You were presumably happy enough to take her financial contribution to household expenses while you were living together.
  • swingaloo
    swingaloo Posts: 3,599 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Your post reads as if you are trying to make sure she settles for less than she is entitled to.

    She is 'probably entitled to about £20k' but is willing to settle for a few thousand.

    You don't want her to get a solicitor in case they tell her what she is really entitled to.


    You don't want to mention the figures on here as probably opinion would be that she was entitled to more.

    I hope she does see a solicitor as you give the impression you want a quick easy exit at her expense.
  • ViolaLass
    ViolaLass Posts: 5,764 Forumite
    Thanks. So the solicitor won't advise her of what she is entitled to? She is already aware. It's just going to rock the boat.

    Can I arrange for this solicitor? Is it true that we both need separate solicitors?

    If she already knows then it won't rock the boat for her to be told again. If it rocks the boat, then she didn't really know.
  • swingaloo wrote: »
    Your post reads as if you are trying to make sure she settles for less than she is entitled to.

    She is 'probably entitled to about £20k' but is willing to settle for a few thousand.

    You don't want her to get a solicitor in case they tell her what she is really entitled to.


    You don't want to mention the figures on here as probably opinion would be that she was entitled to more.

    I hope she does see a solicitor as you give the impression you want a quick easy exit at her expense.

    Entitled to legally and entitled to morally are two different things. Not that it's any of your business but a huge chunk of the money was put down by my parents. Which she is now 'entitled' to. Hence we have discussed things and she is happy to go for a few thousand. We have only lived here for 3 years and would have selling expenses.
    She is intelligent and knows full well the situation. I didn't come here for people to attempt to pass judgment on a situation they know nothing about.
  • ViolaLass wrote: »
    If she already knows then it won't rock the boat for her to be told again. If it rocks the boat, then she didn't really know.

    There's being told, then there's being pushed and talked into.
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