Relationship breakdown, joint mortgage

Jug_half_full

Hi everyone,

I am new to this forum, however, I have been doing some online research given my position and thought here would be a good place to ask some informal questions to people that may have similar stories. I am meeting with a solicitor on Tuesday to obtain formal, legal advice, but I want to go as fully prepared as I can with numerous questions.

So here it is… after 5 and a half years my relationship has sadly ended, around 7 weeks ago. No real reason only that we had been going through a rough patch due to family stresses, work, losing each other in general etc (both equally to blame).

Three years ago, my ex-partner and I purchased our first property together. The house was purchased for £170k, I put down £14k and my ex-partner £3k into the deposit. My family loaned me some additional money for fees and to purchase various items for the property (£6K and they have not asked for this back yet, but an agreement was drafted that I signed at the time). The fact that my ex-partner put much less into the house financially was not an issue at all for me at the time, no trust declarations were signed at the time of buying the house, as we both felt this wasn’t required. We had lived with my parents for 9 months prior to buying our own home to save up for the deposit (rent free). Since moving into the house in July 2016, I have paid all of the mortgage payments in full (joint mortgage) and at the start, all of the bill payments too (bills are all in my name). Around 18 months ago, I sat down with my ex-partner and stated that she should probably start paying the household bills, to which she did. All mortgage payments and bill payments have come out of a joint account, but money has been added to this account separately by each other every month. We have undertaken a lot of renovation work to the house, which was solely funded by myself and has added around £30k to the value of the property. The property is now averaging out at £196k (3 separate EAs have valued the property). The amount owed on the mortgage is £163k, as we re-mortgaged for the kitchen. I have been in contact with the mortgage lenders, who have said that I can afford to take the mortgage on in my own name if an agreement is reached with my ex-partner to remove her from the mortgage.

Since the breakdown of the relationship, my ex-partner and I have been in communication, I have wanted to make the relationship work, discuss our issues, meet up and talk, however, my ex-partner has already moved on with someone else. Since realising that maybe my ex-partner is not all she once seemed, I have blocked all contact with her and made the solicitors appointment mentioned above.
I do also have a 7 year old daughter from a previous relationship. I see my daughter 3 days a week and who sleeps at the house 2/3 nights a week. This is a regular agreement and the house is seen as my daughter's home when she is with me. My ex-partner has now moved out of the property and is now living at her mother's house. My ex partner has stopped paying anything into the home, including her share of the mortgage payments. I would not expect bills to be paid for by her but I would have appreciated half of the mortgage amount as you can understand. I am now struggling slightly to run the house and live at the same time.

Without going into further detail, my questions are as follows:

1. When purchasing the property, I put a significantly larger sum into the house. My ex-partner has stated that she wants half of the equity paying to her, is this correct, given that no declaration or agreement was drawn up for this sort of situation?

2. When drafting an offer up for me to buy my ex-partner out, do I take into consideration all of the costs I paid for such as a new garage, new kitchen, new doors, loans taken out in my own name for home improvements etc? I can prove all of these payments from my own bank account. These have all added significant value to the property.

3. If my ex does not accept a fair offer to be bought out, can I stop the sale of the house due to my daughter staying with me 2/3 nights a week? The house is my daughter's base when she is with me. Would my ex-partner have to wait until my daughter is 18 to force the sale of the house? I.e. would a judge rule in favour of me and my daughter keeping the house, as I do not want to sell our home.

4. The front door to the property is currently removed (being refurbished). Can I put this back on, there will be a new lock – There are a storm doors on the front of the property to which my ex-partner has a key for but if the other door is installed then she will not be able to enter the property as it will be a new lock. She will still have a back door key but the key is always left in the lock internally.

5. I have cleared the house out of all my ex-partners possessions. This has been done by agreement as she would not do this but was happy for me to do it for her. She has taken some of her belongings; however, I have put the rest in the garage in bin bags. Is this ok?

Although I am finding this entire situation hard, I do want to be fair and keep things as amicable as possible. We live in a small town and we will no doubt bump into each other from time to time. However, I do feel my ex-partner should only get what she is legally due and given the fact she has put significantly less money and work into the house over the three years, has stopped paying anything towards the mortgage, I do not necessarily feel that a 50/50 equity split is fair, although I am prepared for all outcomes.

Thank you all, and any informal advice or similar stories would be gratefully received, before my solicitors meeting on Tuesday.

DUTR

Jug_half_full wrote: »

Hi everyone,

[snip]
1. When purchasing the property, I put a significantly larger sum into the house. My ex-partner has stated that she wants half of the equity paying to her, is this correct, given that no declaration or agreement was drawn up for this sort of situation?
[snip

Then go and seek legal advice, there wasn't an agreement that the equity should be pro rata if things don't work out.
I really wish some of you guys would protect yourself more so.

DrivingMissDaisy

Consider writing a novel on the side to supplement your income

TBagpuss

1. When purchasing the property, I put a significantly larger sum into the house. My ex-partner has stated that she wants half of the equity paying to her, is this correct, given that no declaration or agreement was drawn up for this sort of situation?

Yes. If there wasn't any agreement to own in unequal shares, then you each get half

2. When drafting an offer up for me to buy my ex-partner out, do I take into consideration all of the costs I paid for such as a new garage, new kitchen, new doors, loans taken out in my own name for home improvements etc? I can prove all of these payments from my own bank account. These have all added significant value to the property.

You can offer whatever you want, and you and she can agree on whateever you want. Hoever, in the absence of agreement, then you look at the value of the house as it is now, deduct the mortgage nad costs of sale and split the balance equally.

3. If my ex does not accept a fair offer to be bought out, can I stop the sale of the house due to my daughter staying with me 2/3 nights a week? The house is my daughter's base when she is with me. Would my ex-partner have to wait until my daughter is 18 to force the sale of the house? I.e. would a judge rule in favour of me and my daughter keeping the house, as I do not want to sell our home.

No, she can seek a sale at any time. A court would only block it f they were satisfied that he purpose of buying the house had been to provide a home for the child, and given it is not her full time home and there is (presumably) nothing in writing that would support that suggestion, it's very unlikely that you coul sucessfully make that argument.

4. The front door to the property is currently removed (being refurbished). Can I put this back on, there will be a new lock – There are a storm doors on the front of the property to which my ex-partner has a key for but if the other door is installed then she will not be able to enter the property as it will be a new lock. She will still have a back door key but the key is always left in the lock internally.

She is entitled to have access to the property as log at is still in both your names. Strictly, once the new door is fitted you should provide her with a key, in practice, it's fine to wait until she asks.

[qoute]5. I have cleared the house out of all my ex-partners possessions. This has been done by agreement as she would not do this but was happy for me to do it for her. She has taken some of her belongings; however, I have put the rest in the garage in bin bags. Is this ok?
[/QUOTE]

As long as the storage is secure and the items are not likely to be damaged, yes.

It would be sensioble tolet her know what is soted and where, and iof she feels that any of it should not be in the garage, move it back to the hosue until you reach an agreement.
Chck your insurnace to make sure that the items are still covered.

Finally, if she isnnot lving in the hosue and you are, it is not unreasonable for you to pay the mortgage. You will need to do so if you buy her out so it's not a bad idea to get a feel for whether you can really afford it - it may be that selling the house is more realistic.

You may want to go to see a solicitor to get personalised advice.

gwynlas

If you were married and getting divorced with no children all factors would be taken into account and you would each come out of the relationship with whatever you put in. Are you in a position to offer your ex a lump sum payment to walk away? This offer could be sent by your solicitor with the relevant working out of how you have calculatd this to be a fair sum.