Mortgage - Breaking up, what are my rights?

amy125

3 month ago I moved into my first home with my ex. I paid all the fees and paid for the deposit. I literally paid for everything. 

Unfortunately we are now breaking up, I want to take them off the mortgage and take it on myself. I have agreed to giving them money I owe them for half the things we have bought etc also I have agreed to pay all the fees of changing the title deeds etc. 

My ex isn’t compromising whatsoever and they are saying they’re aren’t going to come off the mortgage to make my life harder. It’s causing me so much stress. 

What are my legal rights here? What can I do to sort this situation out?

I feel like a fool. I’ve literally paid for everything towards the house. 

RAS

Joint tenants or tenants in common?

Are you married or not? 

Did you organise a Declaration of Trust?

Is your ex still living in the house?

amy125

Joint tenants. Not married. It was getting organised but didn’t get finalised. Yes still living here but looking for some where new to go. They say they aren’t interested in any of the money but just want to make my life hard 

sassyblue

See a solicitor but if your ex is being difficult you need to be too (at this stage). 

Whilst he insists on making your life difficult then don't give him any money or items from the property except his own belongings that HE paid for.

and get an appointment booked by asking around for recommendations for a good family lawyer at a firm of solicitors that includes conveyancing solicitors, it will make it easier if the firm can do both family and property law.

TBagpuss

If he choses to be awkward then ultimately you can apply to court to force a sale of the house (which could be a sale to you if you can afford it) 

This would be expensive but if you were successful he could be ordered to pay your costs as well as his own. 

It sounds as though the break up is very recent so it may be worth giving it a few weeks for everything to calm down a bit, meanwhile talk to a solicitors that if it doesn't , you can start the ball rolling to take action if you have to.

You say that you were in the process or organising a declaration of trust - make sure you have, and keep , all paperwork, e-mails etc relating to that. If push comes to shove you will want to be able to prove that there was a joint intention that you would have unequal shares, while a signed declaration is of course the best evidence, things like letters to/from solicitors confirmation  the details, e-mails or texts between you and him etc are also all potential evidence, so make sure that you keep them safe and not anywhere he can access them.

Roger999

Didn’t want to start a new thread so tagging on this one, if you don’t mind. 

Unmarried, joint tenants and now separating. Mortgaged property. 

I’ve put significantly more money into the property, 80/20. I can prove what I’ve paid on deposit, home improvements etc. House has increased in value by a sizeable sum as a result.

Partner wants 50/50 of equity as joint tenant. Have I been naive here? I obviously paid out money in good faith and didn’t foresee separation. Anything I can throw at her? (Metaphorically for now)

gettingtheresometime

Roger999 said:

Didn’t want to start a new thread so tagging on this one, if you don’t mind. 

Unmarried, joint tenants and now separating. Mortgaged property. 

I’ve put significantly more money into the property, 80/20. I can prove what I’ve paid on deposit, home improvements etc. House has increased in value by a sizeable sum as a result.

Partner wants 50/50 of equity as joint tenant. Have I been naive here? I obviously paid out money in good faith and didn’t foresee separation. Anything I can throw at her? (Metaphorically for now)

It's best to start your own thread as things get confusing if 2 people are wanting advice, even if the situations are similar

MalMonroe

I think legal advice is required here. Or contact Citizens Advice for help. There need to be some clear cut guidelines and terms and conditions. You may also need to speak with your ex about this in a sensible way, possibly via a mediator. 

I've been in a similar situation and it isn't easy to even think straight, never mind sort things out, which is why mediation is a good first step. Not to discuss getting back together or anything but to discuss how things will be moving forward in a mutually agreeable (and adult) way. Your ex sounds very petulant but that is quite normal when there is a relationship breakdown. 

Citizens advice link - https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

They can, and do, help with all kinds of questions about relationship breakdowns.

MalMonroe

Roger999 said:

Didn’t want to start a new thread so tagging on this one, if you don’t mind. 

Unmarried, joint tenants and now separating. Mortgaged property. 

I’ve put significantly more money into the property, 80/20. I can prove what I’ve paid on deposit, home improvements etc. House has increased in value by a sizeable sum as a result.

Partner wants 50/50 of equity as joint tenant. Have I been naive here? I obviously paid out money in good faith and didn’t foresee separation. Anything I can throw at her? (Metaphorically for now)

I agree that it's probably better to start a new thread. You need some legal advice, though and also you could do worse than contact Citizens Advice 

https://www.citizensadvice.org.uk/about-us/contact-us/contact-us/contact-us/

Having been through quite an acrimonious divorce in the past, what I learned the hard way was that it is not a good idea to 'throw anything' at an ex partner because it comes back to bite you. Try to be civil, if possible. That's where I went wrong! (But quite a few years later, my ex and I get on well - we have to as we had a child together but I think it's better in the long run even if you don't have children).