having trouble getting my name off the deeds

elsien

furby-2003 said:

Pixie5740 said:

furby-2003 said:

My partner and i are splitting up. The house is paid for outright. We are not married but both on the deeds. out of a £220k house he's offered me £60 unless I want a fight so i've given up as I really need to find something for me and the kids. I have found a property and have put an offer in (that was a month ago) Since then i've been trying to get my name off the deeds as when this goes through I don't want to be names on two properties. He's not co-operating and two solicitors i've been to now want his solicitors name to progress but he doesn't have one. I really don't know what to do as the stamp duty being classed as a second home is a lot more and I just can't afford for this to happen. I have tried to speak to his mom about this (his only other relative) but she just laughs and tells me to stop nagging him. What can I do?

Get an occupation order and move back in.  If he still insists on playing silly buggers then you will need to force the sale of the property through the courts but at least if you are the one living in it a) you don't have to worry about finding somewhere else to live, b) you would be more in control of any sale.  That might sharpen his mind.

Also, ignore his mother.

I have already put an offer an a house a month ago which was accepted. This is why I need it sorted. He never told me to move out but he wouldn't and arguments got physical so i just wanted to leave.

Just playing Devil’s advocate here, but the presumption that the partner is the aggressive one may or may not be correct….

furby-2003

macman said:

Basics: how is the property owned? Joint tenants, or tenants in common? If the latter, is it a 50/50 split?
Being 'on the papers' doesn't really tell us the situation.

I thought i said sorry we jointly own the property my name is on the deeds with his. Thats the issue I have. Im trying to take my name off so I'm not considered to be buying a second property. 

I know it should be a 50/50 split

My partner dad (no longer with us) paid £70k deposit on our house and made us both agree 12 years ago that if we split the house would be sold and his parents would get thier split back. 

this was just a piece of paper done by his dad at the time. I still have it but I don't know if they do. Thing is i suppose with him not selling the house does that piece of paper even stand. 

She is insisting that he will give her the deposit back and the £60k he is borrowing to give me but I really don't see how he's going to do this. 

He rents out 3 flats as his job he left a high paying job 2 years ago to do this and we went from a £70k income to a £20k income. He put more bills on me like paying for food but my wages haven't changed in years so it pushed us to the brink. I fell more and more in debt because he was making my pay more bills than before and we have very little food in the house now because of this. This is another of the reasons for the split. So on an income (which isn't classed as an income in the eyes of most lenders as far as i know) I doubt he will pay her the money back. In fact shes in her late 70's and unwell unfortunately. In my eyes I don't think this will actually happen as everything will go to him in the end anyway. 

I was basicly told I should be happy with what im getting and they will see me in court if i try for 50/50. He's saying because I didn't pay the mortgage myself (i have been responsible for other things including everything to do with the children) and he can proove he was the one that paid it off in the end that it doesn't entitle me to the shared you would normally get. 

When I spoke to my solicitor about this and asked if she could represent me on it she said it would be £795 upfront fee so I left it.  He said I would have to leave the house and my eldest wouldn't be able to stay while I sorted a room for him in the new house. He and his mom are not bothered in the slightest the situation we are now in. In fact i think she positively finds it funny. I call her and say you really need to speak to him. I need him to get a solicitor. she just says its not her business and I should stop nagging. I hit the roof the first time she said that as I only asked once and I'm fightened to ask since. 

He generally stays out my way and will call up the stairs to say he's taking the dog out or going to his moms and thats it really. The funniest thing is because we have little food i've found he hides butter and bread ect in the garage downstairs by his office but then if we are running low in the kitchen he will hide it so I can't use it. He will not buy anything for the family under no circumstances. I have gone out for a weekend and theres been no milk at all and in the time ive gone he won't get any more. He tells me this is my responsibility as i don't pay any bills. He let me go part time when our son was born so I could be there to look after him but since then the fact I don't pay the bills and sometimes struggle for money now is rubbed in my face .

I get constantly told how they helped me and picked me up out the gutter and gave me a better life. How I was a gambling addict and drink to much. I can't leave the past in the past. Its constantly brought up in arguments and I should be greatful for what his family have done for me. Even though the way I see it now they are throwing me back in the gutter and having to start all over again throwing me back into debt. 

Life is like walking on egg shells, I can't wait to get out of here no matter how hard its going to be and I can't wait to tell them what selfish horrible people they really are!

elsien

It's not a simple as just taking his name off the deeds. He would need to remortgage  completely in his own name and then buy you out. So he needs to meet the affordability critieria based solely on his income to be able to do this. If he can't  then it's either leave things as they are (which won't work for you to claim Universal credit as they will take your share of the house into account) or sell, which you may indeed have to go to court to resolve.  
Depending on the length of the marriage you could also be entitled to a share of the rental flats.  How long have you been married for? 
This is one where you really need to find some way to get legal advice or you are going to get completely shafted. 

furby-2003

We arn't married

furby-2003

I want my name off the deeds.

canaldumidi

macman said:

Basics: how is the property owned? Joint tenants, or tenants in common? If the latter, is it a 50/50 split?
Being 'on the papers' doesn't really tell us the situation.

furby-2003 said:

macman said:

Basics: how is the property owned? Joint tenants, or tenants in common? If the latter, is it a 50/50 split?
Being 'on the papers' doesn't really tell us the situation.

I thought i said sorry we jointly own the property my name is on the deeds with his. Thats the issue I have. Im trying to take my name off so I'm not considered to be buying a second property. 

I know it should be a 50/50 split

That depends whether you jointly own as Tenants In Common, or Joint Tenants, which you have not clarified. You could be 'on the deeds' as either.

Thrugelmir

furby-2003 said:

I want my name off the deeds.

Force a sale of the property. 

k3lvc

furby-2003 said:

I want my name off the deeds.

Which is all very easy if you're leaving the property and walking away with nothing. As it is your situation is more complex with both ex-partner and relatives involved in having stakes in the property. As others have explained (at length) to you this isn't going to be simple/quick/cheap and needs proper legal advice 

furby-2003

canaldumidi said:

macman said:

Basics: how is the property owned? Joint tenants, or tenants in common? If the latter, is it a 50/50 split?
Being 'on the papers' doesn't really tell us the situation.

furby-2003 said:

macman said:

Basics: how is the property owned? Joint tenants, or tenants in common? If the latter, is it a 50/50 split?
Being 'on the papers' doesn't really tell us the situation.

I thought i said sorry we jointly own the property my name is on the deeds with his. Thats the issue I have. Im trying to take my name off so I'm not considered to be buying a second property. 

I know it should be a 50/50 split

That depends whether you jointly own as Tenants In Common, or Joint Tenants, which you have not clarified. You could be 'on the deeds' as either.

Ive checked the deeds and we are joint tenants

saajan_12

furby-2003 said:

macman said:

Basics: how is the property owned? Joint tenants, or tenants in common? If the latter, is it a 50/50 split?
Being 'on the papers' doesn't really tell us the situation.

I thought i said sorry we jointly own the property my name is on the deeds with his. Thats the issue I have. Im trying to take my name off so I'm not considered to be buying a second property. 

I know it should be a 50/50 split - If you're joint tenants, then you both own the whole house (100%) together, its not the same as Tenants in Common with a 50% share each. Now 50/50 may be taken as the starting point by a court, but that's not guaranteed. 

My partner dad (no longer with us) paid £70k deposit on our house and made us both agree 12 years ago that if we split the house would be sold and his parents would get thier split back.  - to check, was it 70k or 60k from his parents?

this was just a piece of paper done by his dad at the time. I still have it but I don't know if they do. Thing is i suppose with him not selling the house does that piece of paper even stand. - I guess you could see it as [you+partner] are jointly selling the house to [partner] alone. Ultimately if the difference was enough then partner would sell if needed to trigger that agreement, so you end up in the same place. 

She is insisting that he will give her the deposit back and the £60k he is borrowing to give me but I really don't see how he's going to do this.  

He rents out 3 flats as his job he left a high paying job 2 years ago to do this and we went from a £70k income to a £20k income. He put more bills on me like paying for food but my wages haven't changed in years so it pushed us to the brink. I fell more and more in debt because he was making my pay more bills than before and we have very little food in the house now because of this. This is another of the reasons for the split. - sounds difficult, but forget about that now, its part of the decisions a couple makes and not really relevant anymore (for the property sale issue at least.. might be for the kids custody, i don't know)
So on an income (which isn't classed as an income in the eyes of most lenders as far as i know) I doubt he will pay her the money back. In fact shes in her late 70's and unwell unfortunately. In my eyes I don't think this will actually happen as everything will go to him in the end anyway. - not really anything to do with you, he could 'pay her back' and get another loan / gift from the mother for him alone in the same moment. 

I was basicly told I should be happy with what im getting and they will see me in court if i try for 50/50. He's saying because I didn't pay the mortgage myself (i have been responsible for other things including everything to do with the children) and he can proove he was the one that paid it off in the end that it doesn't entitle me to the shared you would normally get. - How long have you lived together and paid the morgage / bills together? You'd probably be treated as splitting bills as a family, but the deposit amounts are different. 

Perhaps clarifying the numbers we're talking about will help understand the potential upside / downside, to direct your next steps. Please correct the below if wrong:

* Property value £220k
* Selling costs £4k (EA, solicitors etc)
* Loaned deposit from partner's parents £70k (based on the doc signed, not unreasonable to pay this back)

Net proceeds £146k, so half would be £73k. 
Compared to the offer, you're talking about £13k to fight about

If you force a sale, then court costs, solicitors and the time it takes (when you could be working instead) could be £5-10k. It could also take 1-2 years, during which you either stay put (is that feasible for your / your kids' mental health ?) or you buy elsewhere and pay the extra SDLT. You could get that back if you come off the deeds for this property within 3 years, but there's a risk, and you lose the interest on that money in the meantime (you could invest that instead). 

So if you can get £60k immediately without those costs and the resulting stress, then its not too much worse off than you'd be otherwise. Of course that depends on how immediate that 60k is.. if his priority is to keep the house, perhaps you can put some skates it by saying you'll apply to court to force a sale, and ask for 50%, which he can't buy out so it'lll have to be sold. Fill in and send the application to him, then once that sinks in, say you're willing to settle for £60k within 2 weeks, to facilitate your house purchase, but if that falls through you'll go back to the court route.