HELP - ex partner/home dispute

mlang88

Hi guys,

I have used one of these threads before to successfully resolve a parking dispute and wondering if the power of people can work again

Apologies if this is an overly long list, but I found in my previous parking thread that the more information I include, the less 'back and forth' required. Here goes:

Partner and I have separated (not married, and no children) and are selling our jointly owned property. Some facts:

• - My ex-partner lived in an apartment in her name, previously, purchased with a 100k gift from her parents
• - I lived with her at this property, and we decided to then buy a house together, taking £125k out of the apartment in the process (100k gift plus 25k the flat made in profit)
• - We only lived at the house we are now selling from Sep 2018 to April 2019 when we split (she ended the relationship, through no fault/blame, but we were in the middle of having an extension built)
• - Our name was jointly on the mortgage
• - Upon leaving the property, my partner asked me to stop mortgage/utilities payments in order that I can save for a deposit for myself, elsewhere
• - I never once indicated I would pursue a large sum of money from this sale. Firstly out of respect for the contribution her family made, and secondly, I didn't feel legally entitled to it
• - Her father drew up plans whereby each of us would receive monies back that were contributed to the house purchase in some way (for me, this meant £3,200 paid out in legal fees). With the money lost on the property, the figure now stands at £1,800 (compared with my ex-partners £124,980 - included as context)
• - We are now locked in dispute over further claims made against me. She has claimed monies against me due to her paying council tax for two people rather than single occupancy (I told the council I had left the property, and advised it was her duty to tell the council and apply for single occupancy discount herself) What is my position here?
• - The second claim was against a door repair which happened after i'd left the property. She paid a locksmith £200 to allow her access to the house after she said the door had seized up. The door was under warranty, and could have been repaired for free. I'd also wonder if I, having known nothing about this decision until now, am jointly responsible here?
• - Finally, and this is where my morals are being questioned. As things have changed from being fairly civil and amicable, and become more 'tit for tat', I have had several people suggest that I should try for more money (hear me out). Some are suggesting that if the responsibilities lie '50:50' then why does the financial settlement not reflect that. I am therefore seeking clarity on this? More so, to understand my position when it comes to negotiating the costs that are claimed against me and if legalities dictate anything here?
• - I have requested the contracts we initially signed to see if there is a declaration of trust amongst all this

Apologies if this is a fairly standard request from you guys, and I am more than happy to be directed to some similar threads that you might be able to think of that could answer my questions. (I think I'll know more once I get the contracts back from our solicitors)

Thank you in advance

*Edit*
My partner is not buying me out, we are selling the property

Comms69

mlang88 wrote: »

Hi guys,

I have used one of these threads before to successfully resolve a parking dispute and wondering if the power of people can work again

Apologies if this is an overly long list, but I found in my previous parking thread that the more information I include, the less 'back and forth' required. Here goes:

Partner and I have separated (not married, and no children) and are selling our jointly owned property. - joint tenants or tenants in common? Some facts:

• - My ex-partner lived in an apartment in her name, previously, purchased with a 100k gift from her parents
• - I lived with her at this property, and we decided to then buy a house together, taking £125k out of the apartment in the process (100k gift plus 25k the flat made in profit) - Was this as a deposit?
• - We only lived at the house we are now selling from Sep 2018 to April 2019 when we split (she ended the relationship, through no fault/blame, but we were in the middle of having an extension built) - so not much equity built up
• - Our name was jointly on the mortgage
• - Upon leaving the property, my partner asked me to stop mortgage/utilities payments in order that I can save for a deposit for myself, elsewhere - fair enough.
• - I never once indicated I would pursue a large sum of money from this sale. Firstly out of respect for the contribution her family made, and secondly, I didn't feel legally entitled to it - Your claim is fairly limited
• - Her father drew up plans whereby each of us would receive monies back that were contributed to the house purchase in some way (for me, this meant £3,200 paid out in legal fees). With the money lost on the property, the figure now stands at £1,800 (compared with my ex-partners £124,980 - included as context) - Well the value of the property is largely irrelevant, they are asking to buy you out.
• - We are now locked in dispute over further claims made against me. She has claimed monies against me due to her paying council tax for two people rather than single occupancy (I told the council I had left the property, and advised it was her duty to tell the council and apply for single occupancy discount herself) What is my position here? - Her responsibility.
• - The second claim was against a door repair which happened after i'd left the property. She paid a locksmith £200 to allow her access to the house after she said the door had seized up. The door was under warranty, and could have been repaired for free. I'd also wonder if I, having known nothing about this decision until now, am jointly responsible here? - No.
• - Finally, and this is where my morals are being questioned. As things have changed from being fairly civil and amicable, and become more 'tit for tat', I have had several people suggest that I should try for more money (hear me out). Some are suggesting that if the responsibilities lie '50:50' then why does the financial settlement not reflect that. I am therefore seeking clarity on this? More so, to understand my position when it comes to negotiating the costs that are claimed against me and if legalities dictate anything here? - depends on how you own the property
• - I have requested the contracts we initially signed to see if there is a declaration of trust amongst all this - you would know if there was, it's a long and detailed discussion with a solicitor

Apologies if this is a fairly standard request from you guys, and I am more than happy to be directed to some similar threads that you might be able to think of that could answer my questions. (I think I'll know more once I get the contracts back from our solicitors)

Thank you in advance

Whilst you may have a claim, even to half the property, let's be clear that this would a: be grossly immoral and b: a lengthy and expensive legal battle.


£5k cash to walk away. Job done.

Tom99

Has the house been sold, in the process of being sold or is your ex seeking to buy out your share whatever that might be?

mlang88

Tom99 wrote: »

Has the house been sold, in the process of being sold or is your ex seeking to buy out your share whatever that might be?

We have agreed a sale on the property - my ex is now going to be moving out and and we have agreed a completion date with our buyers, but not on how the money will be divided

mlang88

Comms69 wrote: »

Whilst you may have a claim, even to half the property, let's be clear that this would a: be grossly immoral and b: a lengthy and expensive legal battle.


£5k cash to walk away. Job done.

Thank you. I am very keen to behave in a respectful manner here, and agree that it would be entirely immoral to pursue money that I may not even have a say in anyway. This seems to have reared its head after she found out I needed this money to put toward a deposit for my own mortgage (which is when she added on the extra money for door repair etc). So I just needed to know what position I am in before I start negotiating back. Thanks for taking the time!

Gavin83

Who paid the mortgage?

mlang88

Gavin83 wrote: »

Who paid the mortgage?

We both paid mortgage and utility bills 50/50 into a joint account

Socajam

I would call her bluff and ask for more money, that would get her thinking.
When she returns, tell her that you are prepared for renegotiate but not at the terms that she is addressing now, you were happy with the first terms, but as she keeps chipping away at your percentage, you felt that it is only fair that you are entitled to more.

mlang88

Socajam wrote: »

I would call her bluff and ask for more money, that would get her thinking.
When she returns, tell her that you are prepared for renegotiate but not at the terms that she is addressing now, you were happy with the first terms, but as she keeps chipping away at your percentage, you felt that it is only fair that you are entitled to more.

In order to do that though, won't I need some form of justification which will explain why I am now seeking more money?

Comms69

mlang88 wrote: »

In order to do that though, won't I need some form of justification which will explain why I am now seeking more money?

Justification to who? This is a private matter. In effect you are selling your rights, you can name the price.

Gavin83

I agree with Comms69. While it's somewhat up for debate you could potentially take her to court for half of the property value. You do hold all the cards here so I wouldn't let you push her around too much.

I do also agree it would be a bit immoral to carry out the above but I don't think Comms69 suggestion of £5k is at all unreasonable when you consider your costs and what you've contributed towards the mortgage. She'd be a fool to turn this down.

I'd probably approach it by saying you've taken advice and been informed you might well be entitled to half the value but you don't wish to go down this route and want to come to a solution which is fair to both of you. Put an offer to her and see what she says.