Ex-Partner not playing ball

Socajam

I don't think you are right that because he have not contributed to the mortgage he is not entitled to the value.
If my memory serves me right, there was a case some years ago where the husband left the wife/children and did not return for a number so years, did not pay child support etc. He sued for his 50% and won the case.
In my situation I looked at the bigger picture and realized in order to remove this man from my life, I would have to offer him more money that he was entitled too. All my friends, thought I was a fool, but I did not want him returning years later and then having to go through all the legal stuff, so I have him more and move on with my life.
Now years later, I am mortgage free, house in is my name and I happy.
Everyone is different, but I am all for a clean break.

smelly_bum123

Hi Socajam

Thanks for the response. It's very much appreciated.

My case is similar in that I too just want a clean break. Unfortunately that will never be possible due to our son.

In terms of the financial aspect, my ex verbally agreed that as my out in all the deposit, the split would be 70/30 in my favour. He will argue against this probably even though the calculations HE Initially drew up were based on this split. Like you, I am willing to give him a little more for the cleanish break so I can go ahead with my life and not worry about him in respect of the house.

I understand from sources that as he is currently not working, he may be a little financially strapped-he too has solicitors fees to pay and I can't envisage family and friends lending him vast sums on an ongoing basis. I may be wrong in this as he seems hell bent on destroying me emotionally and financially. I figured that this is the time to strike if he is having financial problems as he may be more susceptible to accepting.

The solo tots seem to be enjoying the free money they are getting from either side judging by the pointless letters they keep sending me. Hence the request for a template I can use to get him to act.. Or at least make a damn counter offer!

getmore4less

smelly_bum123 wrote: »

Someone earlier asked me what the 2 calculations were as to why his solicitor disagreed with my calculation.

Essentially, they think the property is worth more therefore want more money. They didn't come back w I th any counter offer.

How far out are the two valuations.

What data has been used to establish these valuations.

smelly_bum123

That's just it. The other party haven't cone back with what they think is suitable leaving me in limbo. Hence the requirement to her them to act.

I don't have the exact calculation at hand but it did the split, the appreciation of the house value increase of around 40k, the appreciation of the deposit by I put in, all of the fees associated etc.

Basically, I put in everything to get us both housed which he has acknowledged in his draft. The initial variation was a few thousand before his solicitor got involved. But they haven't come back with their offer.

I just want to get this done and dusted but without just accepting their offer.

smelly_bum123

Does anyone know if a 'before action' letter is suitable in these cases or are they only used for the Small Claims Court?

Also, will the calculation be based on today's value or can I state that as he hasn't contributed to the mortgage for the last 18 months, the extra amount I paid alone can be subtracted from the final figure?

Input would be gratefully appreciated.

[Deleted User]

smelly_bum123 wrote: »

Does anyone know if a 'before action' letter is suitable in these cases or are they only used for the Small Claims Court?

Also, will the calculation be based on today's value or can I state that as he hasn't contributed to the mortgage for the last 18 months, the extra amount I paid alone can be subtracted from the final figure?

Input would be gratefully appreciated.

You own the property as joint tenants so legally he is entitled to half the equity. It isn’t right, legally speaking, that the last 18 months of equity built up go solely to you as Socajam has already said and because you are joint tenants. You need your ex to acknowledge that you put in all the deposit because as it stands he is legally entitled to half so is it really worth quibbling about the last 18 months and risking the lion’s share of the equity?

You can send a letter before action but if you’re not prepared to go to court to force the sale as you said in post #6 then it seems pointless to send the letter if you’re not prepared to take the action. I think before taking such action you should look into severing the joint tenancy to become tenants in common. If you want most of the equity try and get you ex to agree to a split other than 50/50 in your favour and/or get a Deed of a Trust drawn up.

fronty

It doesn't sound like you had a deed of trust drawn up when you both bought the property else I'm sure you would have mentioned it. I'm surprised you didn't get one drawn up because it's the sort of thing your solicitor would have mentioned when effecting the purchase.

When my ex-partner and I split, the deed of trust came in very handy. It basically said that if we couldn't agree on a value (which we couldn't) then we were to get three valuations from different estate agents, and take the average of those values. The equity was then split 50-50 based on that valuation, it cost me 45K to buy her out but the house has since shot up in value and we had a nice clean break.

So you could try doing similar, get three valuations, take the average and make him an offer based on that? Do you have much equity and can you raise the cash to buy him out? If you offer him a lump sum he may take it if he's financially stretched.

Good luck!