My ex is trying to sell my home

Smile21

I split up with my ex in September 19, we bought the house in September 17. The house is in his soul name and the deposit, legal fees and stamp duty were all paid by myself. I have a promissory note that was drawn up at the time of the purchase stipulating the amount I paid on the deposit, however when the conveyancing solicitor pulled this out of archive they realised they didn't have a signed copy. 

My ex is now trying to sell the property and has put it on the market without my consent. I have been offered to buy the house within 28 days, however I would have to pay him half of the equity in the property in order to do so, which would include the deposit I paid. 

I currently can't get the mortgage in my soul name as my role has been made redundant due to Covid, so I will now need to get a new position and be made permanent before I could get the mortgage. 

My ex agreed that I could have until November 21 to raise the mortgage and this would tie in with our current mortgage deal ending and avoid a hefty repayment fee, however he still would require half of the equity. 

He believes that half of the equity is his as he has paid the mortgage since we bought the property, this was due to him earning at least triple my earnings and him supporting me build my own business, an agreement that was never an issue when we were in a relationship. 

I don't want my home to be sold and I'm doing all I can to be able to buy the property next year, he doesn't want to buy another property so having the mortgage still in his name till November 21 shouldn't of been too much of an issue. 

Please can anyone advise. 

Comms69

He doesnt need your consent to sell it. It's not yours.
You have what is known as a beneficial interest, and should make a claim for the money you are owed.

To clarify, does he still live there? And if not do you pay any 'rent'?

greatcrested

I take it you are/were not married? If you were it would be part of the divorce settlement as the marital home.

As it is, the property is in his name - he can sell for whatever price he wants, whenever he want, to whoever he wants.

Your entitlement is based on the agreement you(presumably) signed at the time. Without seeing the exact wording, it seems to suggest you are entitled to the deposit (ets) you paid on purchase. Was this described as a loan? Or as equity into the property value?

If he is offering to pay you 50% of the equity that seems fair, though it's hard to comment without knowing

* original purchase price

* amount of deposit you paid

* amount of mortgage payments he's made

* sale price

* mortgage redemption figure

Other than by amicable agreement I don't ee how you can prevent/delay the sale, but what does your solicitor say?

If he sells, where will he live? Is he living there now? Is the property empty? Let?

As for the missing signiture - again - what does your solicitor say? It may be that only if it went to court could a judge determine if the agreement (unsgned) is binding - though a court might order him to produce the signed version if he has it.

AdrianC

His house. The equity is 100% his, legally.

You have a document that says you loaned him the deposit, rather than gifted it, but it's not signed. How much is this amount, relative to the equity?