How to get my money back

Comms69

Lou10 wrote: »

Well i am starting to think that maybe i'm not getting the full story, I really appreciate all your advise, and i shall have to quiz him tonight when he is back from work.

No, you need to discuss the options and see what you both agree on.


Quizzing him is a terrible thing to do; clearly a stressful situation already. And even without it being his child; there is a child involved - who he probably cared about very much

AdrianC

You - and he - really need to find out what the true situation is with the ownership.
If he doesn't have any of the paperwork, then a copy of the Land Registry entry costs £3.
https://www.gov.uk/search-property-information-land-registry


What you need first is to find out whether the property is owned as joint tenants or tenants-in-common.
JT means they both, jointly, own 100% of the property.
TiC will have a defined ownership split listed - they each own that much of the property, totally legally separately from each other.


Have a search of this forum - there are a million threads from people in a similar situation to your ex.

Lou10

I know what you mean, I'm just a bit frustrated that she still has this hold on him, and we can't move forward with our lives, and build a future together with him still paying the mortgage on the house.

Hopefully we can come up something together, that can solve the problem.

xylophone

Check the Deeds through the LR as above.


https://www.diemlegal.co.uk/court-order-force-sale-joint-property/

AdrianC

Lou10 wrote: »

I know what you mean, I'm just a bit frustrated that she still has this hold on him, and we can't move forward with our lives, and build a future together with him still paying the mortgage on the house.

Remember - he isn't just "paying the mortgage" on it. He is a part-owner of it.

Pixie5740

Lou10 wrote: »

When they broke up he offered he a considerable amount of money and all the furniture in the house to move out, but she stuck her heals in and wouldn't budge. It has been on going for a while, and she is constantly putting something in the way. Nothing was set up when they bought the house in regards to the deeds as far as i am aware, unless he has failed to mention it to me ( quite possible in case he worries it will upset me) and what would happen if they spilt up. My boyfriend claims he was naive and wasn't given the correct information at the time. Personally i think he was just being stupid, and didn't want to answer the hard questions or think about them breaking up, maybe I am just a bit more practical and wised up to things not always going and happening the way you would like.

Which is exactly why he should have started the process to force the sale of the property years ago, if indeed it is jointly owned. He could start it now if he really wanted.

hazyjo

Actually, bit confused about the title 'how to get my money back'.


What money? Did I miss a bit?


You say you are "unable to get a mortgage together as he is already signed to one". People can have more than one mortgage if they earn enough. It proves the point we've made above, he can't have just 'added her name to the mortgage' or surely you'd be able to do the same thing with him... The ex must at some point have been in a different financial position whilst with him, so maybe her debts have come as a result of their relationship. I'm sure there are lots of different scenarios as to how that might have happened and I'm not about to speculate/guess...

HampshireH

Anyone can check the land registry so you could do that in your lunch break which would give him some idea of where to start if he doesnt already know.

Or if you are not sure you are getting the whole story

Lou10

hazyjo wrote: »

Actually, bit confused about the title 'how to get my money back'.


What money? Did I miss a bit?


You say you are "unable to get a mortgage together as he is already signed to one". People can have more than one mortgage if they earn enough. It proves the point we've made above, he can't have just 'added her name to the mortgage' or surely you'd be able to do the same thing with him... The ex must at some point have been in a different financial position whilst with him, so maybe her debts have come as a result of their relationship. I'm sure there are lots of different scenarios as to how that might have happened and I'm not about to speculate/guess...

In ref to the money, it is his deposit, he put a considerable about down as payment all his own money. we have looked at getting a mortgage but with his current one, he doesn't earn enough to get a second one, and my income isn't enough to cover i, and the banks have been a bit hesitant to take it any further.
ref to the title, i missed out ex ( as in my ex wants his deposit back and out of the mortgage) My mistake, after speaking to him earlier, and going through the msgs on this chat ( Thank you to everyone who has helped) he is going to talk to his bank the mortgage is with and have a meeting with his ex to try and sort everything out.

Thank you again for all the help and advice, i really appreciate it. we both do.

getmore4less

AdrianC wrote: »

You - and he - really need to find out what the true situation is with the ownership.
If he doesn't have any of the paperwork, then a copy of the Land Registry entry costs £3.
https://www.gov.uk/search-property-information-land-registry


What you need first is to find out whether the property is owned as joint tenants or tenants-in-common.
JT means they both, jointly, own 100% of the property.
TiC will have a defined ownership split listed - they each own that much of the property, totally legally separately from each other.


Have a search of this forum - there are a million threads from people in a similar situation to your ex.

Much of the time there is nothing in the land reg about % split for TIC

JT or TIC only really matters if one of them dies as it decides legal ownership by survivorship

It is still possible to split the beneficial interest with JT the default being 50:50 on disposals of JT assets.