having trouble getting my name off the deeds

rexmedorum

saajan_12 said:

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. 

aah the loan is £70k now? I thought it was £60k? If it's indeed 70k, then that makes a big difference and @saajan_12 's calculations make sense.

furby-2003

Yes, I think the loan deposit from his parents which was £70k given to us when we bought the house 12 years ago and the £60k hes giving me was getting mixed up. Im not good at putting my point across very well I think. lol

furby-2003

Well just as I thought i'd sorted it. He went to his moms house 1 hour later I get a text saying he's not with the solicitor he said as they have no room and he's getting a quote from someone else now!. Great!

Thrugelmir

furby-2003 said:

. I just hate the fact that every time I need something from him it causes a massive row!

Then communicate through your solicitors. Formalise the situation. Gloves off so to speak. Apply pressure. 

Titus_Wadd

Sorry if this has been said already but is he the father of your children?  Will there be an agreement for access and maintenance?  Sorry to ask questions rather than giving answers but these will be issues that your solicitor can advise on. 

Best of luck, you and your children deserve a nice quiet life and he could always go and live with his mummy if the family home needs to be sold.

fewcloudy

@furby-2003

Is there any update to this post? many thanks