Ex won’t sign title deed

saschia

Hi. Really hope someone can help me.

I will condense the situation best I can.

bought a property with ex boyfriend (not married) March 2020. Have a Tenants in Common 95% to me 5% to him.
I paid £110,000 deposit and mortgage of £140,000. 

In July 2020 we split and he was taken to court for criminal damage and a 1 year suspended sentence.

Originally he tried to ‘woo me back’ and stated many times in emails that he did not want any of the property and it’s all mine. Since he realised I was not going back to him he has not paid any mortgage contributions and demanding £6500 as his 5%. 

I am refusing this 1. Because I do not have the money and 2. He paid 2 mortgage payments. 3. I paid £8,000 of his debts out of the sale of my last home as a condition of the new mortgage - which he has not paid me back yet, but is now saying it wasn’t a loan in the first place.

since my response and reasons to not give him 5% he is ignoring all correspondence from my solicitor. 

My view is he is wanting 5% of his ‘share’ which would presumably be the equity, but the equity is my deposit. So he is entitled to 5% of 0?

my biggest question I would like answered is, if he never responds am I stuck forever in my position while he plays me like a puppet?

MovingForwards

Your tenants in common shows he can have 5% of the value. It might be better to find that £6.5k now to buy him out as if prices rise it will be more than that, obviously if they drop it's less.

Do you have a declaration of trust to say the deposit was paid by you and is due back to you on splitting up?

Do you have any documents to show the £8k was a loan?

If the mortgage is in both your names, you'll have to meet lender affordability to have him removed from the mortgage and it just be in your name.

TBagpuss

He is entitled to 5%. You may be able to claim against him separately in relation to the loan if you can prove that it was a loan not a gift, but the fact he didn't pay towards the mortgage doesn't affect his entitlement to the 5%.

What's the house now worth?  If he is looking for £6,500 that sounds as though he thinks the equity is now £130,000. is that correct? 

What proof do you have that the £8,000 was a loan? 
It ay be worth trying to compromise - e.g. offer a settlement whereby you pay him (say) £4,000 and forgive the loan, but if you go down that route get proper legal advice first to ensure that you word any offer in a way that still lets you pursue the full debt if it isn't agreed. 

saschia

Thanks for replies. I do have a signed letter by him stating he is not allowed any of the £110,000 I put as deposit on the property. So the rest of the £130,000 is mortgaged and property has not increased in value since. So can he still be entitled to 5% of the mortgaged amount? Or just equity?

I have no reference the debts I paid was a gift or loan. Only that it was paid from the sale of my last house and debts in his sole name before we met.

Does the fact he has written several times to me stating he doesn’t want his 5%?

turnitround

He may have written saying he does not want his 5% but he has changed his mind for whatever reason. 

I dont see how you can recoup the money you used to pay off his debts as there is no paperwork regarding it being a loan. I've read your other thread regarding this situation and agree with what is posted on there, you would be much better paying him the amount he is asking  for to get rid of him otherwise it could prove much more costly to fight him.

kimwp

If he is not entitled to the deposit, then the 5% is calculated as 5% of (value of the house minus deposit and minus outstanding mortgage)

pigpen

I had my ex removed from my property deeds and mortgage after proving he had not paid anything towards it since 2009. It can be done without his consent or signature by the courts for the deeds and by the mortgage company's legal department.

It can be done!

The equity is calculated at the date they left not current market value so that can make a big difference.

TBH, I would take out a loan and give him the 5% just to get rid.. it is worth every penny!

DrDorset

Just find the money to pay him off and be done with it. It may be a bitter pill to swallow, but the ex sounds like a rather unsavoury character who will likely only bring more misery to your life. 

CottonTail

You really have been mugged off here. he sounds like an absolute nightmare. Just pay the £6500 and be done with him. Pick your partners better next time and NEVER LOAN THEM MONEY/PAY OFF THIER EXISTING DEBTS.

london21

When you pay him off, have it documented. 

pphillips

I think what he's claiming is that the equity in the property has increased by £20,000 because the property has gone up in value or your mortgage payments have released more of the equity.

If the property didn't go up in value and it's an interest only mortgage, the equity would remain at £110,000. How has he calculated the equity at £130,000? Presumably, you can show him why this figure is incorrect.