House status following split...

sassyblue

Where is your mum's file of paperwork? It may be the case that she was also given a leaflet produced by the firm explaining how a property could be held, even one on a Trust Deed.  If you can find it you know the issue was raised with her at least.

I did post another reply to you but it’s disappeared, this forum isn’t good on an iPad but I wanted to say all is not lost because if this matter came to the family lawyer I work for she’d be making sure your mum's ex was paid off for the work he’d done to the property thus far and, in return, remove his name from the property.

He may technically be a co-owner but he didn’t put a penny in and his name was only added months ago. I really cannot see him walking away with half the value, nowhere near that in fact.

wilfred30

After all this, I've only just noticed that, in their opening post, the OP said that the purchase was in joint names (as joint tenants).  That would suggest that his mum would have been given the option of joint tenants or tenants in common.

As it currently stands, if the worst should happen and the OP's mum predeceased her ex-partner, the house would solely belong to him!

wilfred30

sassyblue said:

He may technically be a co-owner but he didn’t put a penny in and his name was only added months ago. I really cannot see him walking away with half the value, nowhere near that in fact.

The trouble is, he isn't technically a co-owner, he is legally a joint owner and the house was put into both of their names at the time of purchase.

sassyblue

Yes she needs to update her will straight away, even if it’s writing it all down and getting someone else to witness her signature. Make sure the witness is not related to her or under the age of 18.

sassyblue

wilfred30 said:

sassyblue said:

He may technically be a co-owner but he didn’t put a penny in and his name was only added months ago. I really cannot see him walking away with half the value, nowhere near that in fact.

The trouble is, he isn't technically a co-owner, he is legally a joint owner and the house was put into both of their names at the time of purchase.

He still won’t walk away with half, nowhere near.

wilfred30

Making a new Will won't affect a property held as joint tenants.  The surviving owner will still get the whole property.

sassyblue

wilfred30 said:

Making a new Will won't affect a property held as joint tenants.  The surviving owner will still get the whole property.

Sorry, I do get those mixed up. I can’t believe the OP's mum would choose joint tenancy either.

cnbcnb

sassyblue said:

Where is your mum's file of paperwork? It may be the case that she was also given a leaflet produced by the firm explaining how a property could be held, even one on a Trust Deed.  If you can find it you know the issue was raised with her at least.

I did post another reply to you but it’s disappeared, this forum isn’t good on an iPad but I wanted to say all is not lost because if this matter came to the family lawyer I work for she’d be making sure your mum's ex was paid off for the work he’d done to the property thus far and, in return, remove his name from the property.

He may technically be a co-owner but he didn’t put a penny in and his name was only added months ago. I really cannot see him walking away with half the value, nowhere near that in fact.

I really appreciate your view. Where are you based? Is there a possibility the firm you work for might be interested in this case? I understand the law, but I hope that if it ever did end up in court that the judge would act rationally, given the whole sequence of events.

I know there are those on here that believe that my Mum did what she did and that's that, but there is a bit more to it than that and anyone in my position would want to ensure that their loved ones don't get shafted.

I'm hoping that if he seeks legal advice, it will be pointed out to him that an offer to reimburse him all that he has spent is a decent offer and that staking a claim for half isn't, for him, without its risks. He has nothing to prove what he has spent, no receipts or anything.

If she had cheated on him, I'd still be taking her side as she is my Mum, but in this case, he has been an absolute rat to her. She loved her home, she only moved because he wanted a project and she wanted to make him happy. Things didn't outwardly start to go wrong until after they moved, though we do know he'd been up to no good for much longer.

Babybelles

@cnbcnb I think you are doing the right thing in looking out for you mum. As you say you’d be better to try to sort this out rather than just giving the money away without seeking legal advice.

I do hope your mum manages to get a fair outcome out of this.

wilfred30

The thing is that he doesn't have to do anything.  If he so chooses, he can just continue to be joint owner of the property for as long as he likes.  It's not even as though he would be responsible for paying half a mortgage because there isn't one.  I honestly think you and your mum are being overly optimistic thinking that you can just buy him off for the cost of materials he's used so far.

On what basis do you think the matter would go to Court?