HELP - ex partner/home dispute

Comms69

Gavin83 wrote: »

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.

Just to caveat - I agree as it currently stands this is the case-


unfortunately OP hasn't answered: Partner and I have separated (not married, and no children) and are selling our jointly owned property. - joint tenants or tenants in common? As tenants in common would dictate each share

mlang88

Gavin83 wrote: »

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.

This is actually quite a reasonable response to this, I think I will return with this as my response and take it from there. I am not not really prepared to sell my soul and go for half of the overall figure, but I certainly feel like I stand to get more than the £1,800 currently on the table (of which she is trying to take around £400, additionally).

The claim against the door repair feels really spurious. Her argument was that she needed the door to be fixed in order to sell the property. Mine was that she entered into a contract with the locksmith and agreed to pay £200, and is essentially claiming compensation of £100 back from me. When I wouldn't have agreed to the terms of that contract in the first place (ie. The door was under warranty).

Anyway, I am thinking out loud. Thank you very much for all your help, this gives me a bit more confidence to 'fight my corner' so to speak

mlang88

Comms69 wrote: »

Just to caveat - I agree as it currently stands this is the case-


unfortunately OP hasn't answered: Partner and I have separated (not married, and no children) and are selling our jointly owned property. - joint tenants or tenants in common? As tenants in common would dictate each share

Apologies - I am in touch with the solicitors who dealt with the purchase initially. I realise that finding out if we are joint or tenants in common is going to be really important in deciding what my rights are here

Comms69

mlang88 wrote: »

Apologies - I am in touch with the solicitors who dealt with the purchase initially. I realise that finding out if we are joint or tenants in common is going to be really important in deciding what my rights are here

I believe it's on the deeds, £3 from land registry.

Tom99

mlang88 wrote: »

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

Presumably your solicitor will not release the money until you are both in agreement as to the split?

mlang88

Comms69 wrote: »

I believe it's on the deeds, £3 from land registry.

On the Title Register (that i've just purchased) I can see that I am listed as one of the owners of the property, but I can't see where there is a distinction between the types of ownership...

mlang88

Tom99 wrote: »

Presumably your solicitor will not release the money until you are both in agreement as to the split?

Yes - I believe this is the case!

Tom99

mlang88 wrote: »

On the Title Register (that i've just purchased) I can see that I am listed as one of the owners of the property, but I can't see where there is a distinction between the types of ownership...

Is the following restriction listed under part B Proprietorship Register:

RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

If it is then the Land Reg think it is held as tenants in common. If that restriction is not there then the Land Reg think it is held as joint tenants.

mlang88

Hi, yes that restriction is present on the document I downloaded. Ok, so it looks as though we are tenants in common then... I've read up but I'm not quite sure what the implications of this are. I feel I'll need to speak to our solicitors to understand what provisions were put in place in the event of a separation