Bad decisions

kkrt2020

So back in 2007 when I was heavily pregnant with our first child I discovered that my partners flat at the time was about to be repossessed by the bank for about 14K in arrears

My partner who does mortgage brokering ( unlicensed ) talked to me about ‘ selling the house to me’ for £ 240,000 to prevent the bank from repossessing it , he took care of all the technical details of the transfer and all I did was sign documents , I put no money down for anything and inherited an interest only mortgage ( stupid in hind sight) . Now the property is solely in my name.

I didn’t realise at the time that he put a charge on the property for £15000 on the flat . 

In the preceding months he did not pay a penny into the mortgage , I had a very low income job as a clerk in local council and my wages could not cover living costs , mortgage and child care so I quit my job and went on income support for about 8 months . 

I also insisted that we move out of the house and rent it so that the rent would cover the mortgage and he would be forced to do some constructive work to pay the rent where we would live. We ended up not paying the landlord who took us to court and was awarded £ 20000

13 years on the money owed to the bank stand at £ 255000 , there is a charge on the property of £15000 ( partner ) and a second charge ( £ 20000) but the property has appreciated a bit in price .

My partner is currently fighting in court to have the second charge dropped 

We are now on the verge of separation so planning to sell the flat . Partner  insists that he is entitled to 65% of the proceeds of the sale and he will remove his £15000 charge 

He claims that back when he bought the property ( 2004 ) he raised the deposit. However , he would have lost the property in 2007 also  have been paying the mortgage since then . 

what recourse do I have to get the tenants out , move back in to the flat and potentially sell it on my own ?

thanks

ACG

From a completely unqualified perspective, you could argue that he agreed he only wanted his £15k share when the property sells which is why he put a second charge on the property for that amount and that was what was agreed - how could he argue anything different as all evidence points to it and he was the more experienced of the 2 of you in this part of your relationship?

But there are thousands of people in this country far more qualified than I am. It might be best to speak to a solicitor. 

Meh123

Not entirely sure how he’s claiming 65% of a property that he doesn’t own?! 

From what I’m reading he only has a 15k interest in the property.
I would 100% recommend legal advise to see you through this one, take your information and guidance from them, and them only to protect your interests.

MWT

100% agree with the above, you need legal advice.

Way too many questions and problems with understanding how what you describe actually happened and how it was documented at the time, so best to start where you will inevitably end up, with a solicitor.

If you are currently on low/no income and have problems paying for the advice I would suggest you start by talking to a charity like Shelter.

kkrt2020

Thank you ACG, Meh123, MWT -  this is good advice , I know this is what I need to do Its just with all the spin I feel like I am going crazy I am glad I shared it on here! 

dimbo61

You talk about " our first child " so you have 2/3 kids.
You have an interest only mortgage on a rental property so only guessing but did you get " consent to let " for the last 12/13 years ?
You may have capital gains tax to pay within 30 days of selling.
You should speak to your accountant you have been using to complete your tax returns for your rental business over the last 12 years.
As for moving back into the flat and evicting your tenants this could take a year or longer and cost £,££££ 
Your EX is getting nothing right now 

dimbo61

PS you can't inherent an Interest only mortgage