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Ex boyfriend and my house.

2

Comments

  • Han.nah
    Han.nah Posts: 12 Forumite
    10 Posts Second Anniversary
    It would certainly be reasonable to return the deposit and fees.

    I'm not sure what you mean by 'the thousands he paid to his mum's mortgage company'.

    There ended up being fees/debts to be paid to the mortgage company of his late mum and nan after I had the mortgage in place. I’m not a money grabber I just want him out of the house so I can sell it and get on with my life
  • Han.nah
    Han.nah Posts: 12 Forumite
    10 Posts Second Anniversary
    Do the decent British thing.

    What would be the decent British thing to do?
  • Han.nah
    Han.nah Posts: 12 Forumite
    10 Posts Second Anniversary
    pinkshoes wrote: »
    You need to start behaving like grownups.

    He is a tenant, so has tenant rights...

    BUT... you have the upper hand as he paid the deposit as a gift.

    I suggest you TELL him that the house is going to be sold, so if he moves out NOW you will return his deposit, but if he opposes the sale, you will sell it with him as a tenant, and the decrease in price will mean his deposit is gone.

    Thankyou for your advice
  • Han.nah
    Han.nah Posts: 12 Forumite
    10 Posts Second Anniversary
    This whole story is just not making sense to me.

    Was the house left to your ex in the mum/nans will?

    Why did the house go in your name only if the plan was to live there together and eventually start a family?

    Why haven't you been living there all this time?

    There was no will, his mum died and then his nan died a few months after this. The house went in my name as I assumed this would give me some security seen as I assume it’s me who is liable to pay the mortgage each month. The “plan” was to get the house done up and I would then move straight in rather than move in however the fact that he didn’t pay for half of the work that was done or thinks that needed bought when the plan all along was for it to be fair, that and the fact he was still treating me badly, why would i want to move in and be treated like that 247. Thanks for your reply
  • [Deleted User]
    [Deleted User] Posts: 7,323 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 28 November 2019 at 3:44PM
    Oh dear, this brings back memories. I think rather than coming on this forum, you are going to have to see a solicitor. We don't have the paperwork you have (I'd suggest finding that 'gift' note today because without it you are going to have major problems). It sounds quite complicated.

    It would help if you created a time line of what happened when, including what finances came from whom, when.

    It would probably also be a good idea to contact Women's Aid from a mental health point of view. Coming out of an abusive relationship is hard, and you will do better if you have help dealing with the psychological side of this. Coming on here is not a good idea.., because you need to deal with the legal and financial sides of this property but also the mental effects of the relationship, which are very tangled up with the whole situation. That is going to be even more 'complicated' than the legal side of things.

    I hope this helps. It does get clearer with time.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Han.nah wrote: »
    Its not about the money it’s about getting him out of the house and out of my life, thanks for your reply



    So sell it, give him the deposit and move on :)
  • Han.nah
    Han.nah Posts: 12 Forumite
    10 Posts Second Anniversary
    Oh dear, this brings back memories. I think rather than coming on this forum, you are going to have to see a solicitor. We don't have the paperwork you have (I'd suggest finding that 'gift' note today because without it you are going to have major problems). It sounds quite complicated.

    It would help if you created a time line of what happened when, including what finances came from whom, when.

    It would probably also be a good idea to contact Women's Aid from a mental health point of view. Coming out of an abusive relationship is hard, and you will do better if you have help dealing with the psychological side of this. Coming on here is not a good idea.., because you need to deal with the legal and financial sides of this property but also the mental effects of the relationship, which are very tangled up with the whole situation. That is going to be even more 'complicated' than the legal side of things.

    I hope this helps. It does get clearer with time.

    Thankyou so much for your advice,
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    This whole story is just not making sense to me.

    Was the house left to your ex in the mum/nans will?

    Why did the house go in your name only if the plan was to live there together and eventually start a family?
    Must admit I agree.
    Han.nah wrote: »
    There was no will, his mum died and then his nan died a few months after this. The house went in my name as I assumed this would give me some security seen as I assume it’s me who is liable to pay the mortgage each month. .....
    1) Who originally owned the house? Mum or nan?
    2) If mum, when she died, who inherited (under the rules of intestacy)?
    3) or was the property nan's? If so, when she died, who inherited (under the rules of intestacy)?
    4) It seems logical to asume that on the death of one or the other, whichever last owned the property, on their death your ex inherited (by virtue of being nearest living relative under the rules)).
    5) when he inherited, it seems there was a mortgage outstanding
    6) I assume the Estate of the deceased was insufficient to pay off the mortgage without a sale
    7)I assume your ex was unable to pay off the mortgage himself, and was unable/ineligible to obtain a mortgage in his own name,
    8) thus it was agreed that you should buy the property, and the existing mortgage would be paid off by the Estate from the proceeds of the sale to you
    9) you therefore became the sole owner
    10) as a separate side agreement, your ex gave you a gift of £10,000 for which you have documentary evidence
    11) You then rented the property to your ex, at an agreed rent of ('half the mortgage')
    12) Whether you have complied with your obligations as a landlord seems unclear, but unlikely
    13) as previousy explained, you can either
    a) sell the property to your ex
    b) sell the property to another landlord with your ex in occupation or
    c) evict your ex via S21 Notice and then sell with vacant possession, or move in yourself.


    Please feel free to correct any of the above assumptions!
  • davemorton
    davemorton Posts: 29,084 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Car Insurance Carver!
    Did you get a mortgage for full market value of the house, and if so, who did you 'buy' the house from?
    “Quis custodiet ipsos custodes?”
    Juvenal, The Sixteen Satires
  • markin
    markin Posts: 3,864 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Photogenic
    If you paid full market value, can you still get that back now that it looks like a tip? The deposit may simply be gone now.
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