Ex partner wants half of property but hasn't paid towards the mortgage.

ader42

I think we’re all assuming you never married. 

If you go to court you might have to go into all the household costs, after all if she paid for everything else that might have amounted to more than the mortgage…

I have a friend who bought a flat, then inherited a big wedge, enough to buy a house.
He then got married and bought a house outright.
They split, went to court and she got 50% of the house (so basically half his flat and half his inheritance). 

lisyloo

tacpot12 said:

lisyloo said:

Do you have free legal advice available on your home insurance?

The Home Insurance legal cover may not get involved if both parties held the insurance in their joint names. They won't get involved if there is a potential conflict of interest. 

They often give free legal advice over the phone about rights without getting into the nitty gritty of a case.

so I am suggesting free legal advice.
They may be able to help if the OP won't post info here.
You (I think) are talking about legal cover to pursue a case and you may be right about that not being available.

Offerking

In the UK, property disputes are governed by property and family law. In your specific case, where you and your ex-partner co-own a property and have unequal shares, it's essential to seek advice from a qualified legal professional with expertise in family and property law in England and Wales.

Here are some key points to consider:

1. Property Ownership: The legal agreement specifying the ownership percentages is crucial in determining each person's entitlement to the property's equity. If you have a documented agreement, it will play a significant role in the case.

2. Financial Contributions: Courts may take into account financial contributions made by each party, both towards the deposit and the ongoing mortgage payments, when determining the equitable division of the property.

3. Verbal Agreements: Verbal agreements can be challenging to prove in court, but they may still be considered as evidence. Any correspondence or witnesses to the agreement may help support your case.

4. Mediation: As mentioned earlier, mediation is an alternative way to resolve disputes amicably. Mediation services are available in the UK to help facilitate discussions and potentially reach a fair resolution without going to court.

5. Legal Advice: Consulting with a family law solicitor in the UK is crucial to understand your rights and the best course of action. They can provide specific advice based on the details of your case and guide you through the legal process.

6. Court Proceedings: If an agreement cannot be reached through mediation or negotiation, court proceedings may become necessary. A court will consider various factors, including financial contributions, intentions at the time of purchase, and other relevant evidence to determine an equitable division of the property.

Seeking professional legal advice is essential to protect your interests and ensure you navigate the legal process effectively.

saajan_12

Where and how exactly is the 40% documented? There's multiple parts of the transaction you could agree to split differently. 
- % of sale price (on Tenants in Common deed)
- % of mortgage
- % of deposit
- % of equity
- % of buying costs

If you put in the full 10% deposit and you both planned pay half of the mortgage each, then the equitable split would have been 55/45. If you were always planning on paying more of the mortgage, then that'll be different of course.. what exactly did you agree there? Also who covered the other related costs (eg stamp duty, solicitors, utilities etc)? Also does your 45k cover just capital, or also interest paid to date? 

In terms of arriving at a solution, if she agrees she was liable for half of the mortgage, you could argue her share was 40% of the sale price, less 50% of the outstanding mortgage repayment amount. That will arrive at something in between your figures. However easier to advise with the actual numbers (purchase price, deposit amount, mortgage etc)

Social1993

Sorry all for the inactivity on this thread just to try and clarify some of the points and provide update.

- The £45k refers to the amount paid out in total including the deposit and monthly payments (including interest) - the actual amount of LTV remaining is around 86% (I've paid off an extra 4% from the actual mortgage through the monthly payments since then, as someone pointed out, most of the initial payments in the first 12 months were interest.

- We are both on the deeds as tenants in common with unequal shares.

- We were not married, just in a long term relationship.

In order to give my ex an idea of what equity she may be entitled to we got the house valued, we were in negative equity by around £15k. She is still insisting she wants around £10k payout to leave the mortgage despite the fact she has only paid in £1.5k through the whole process, hasn't paid a penny since leaving over 12 months ago and despite the fact we are in negative equity, she doesn't seem to understand she isn't entitled to anything but refuses to transfer equity unless she gets the figure she wants.

I believe my next steps are to speak to my lawyer and try to force a court order to remove her from the deeds given she is unwilling to negotiate, is being unrealistic in her demands and ultimately is in breach of the mortgage agreement by not paying.

Not an ideal situation!

Brie

I think you need to be talking to a solicitor rather than some people on a website.  

Grumpy_chap

Social1993 said:

In order to give my ex an idea of what equity she may be entitled to we got the house valued, we were in negative equity by around £15k. She is still insisting she wants around £10k payout to leave the mortgage despite the fact she has only paid in £1.5k through the whole process, hasn't paid a penny since leaving over 12 months ago and despite the fact we are in negative equity, she doesn't seem to understand she isn't entitled to anything but refuses to transfer equity unless she gets the figure she wants.

Not a fair resolution but if she'll simply disappear for £10k, that might be the most pragmatic solution.

silvercar

If you want a contrary response, you have been living in the house alone for most of this time, where as she has had to find and possibly pay for accommodation elsewhere. If she owns 40% of the property, should you be factoring a payment to her of 40% of the market rent of your home?

or at least consider your expenses and her accommodation expenses together, rather than adding all you’ve had to pay on the mortgage, after all if you had both sold up immediately, you would have had to pay rent or a mortgage elsewhere. 

Caz3121

Social1993 said:

Sorry all for the inactivity on this thread just to try and clarify some of the points and provide update.

- The £45k refers to the amount paid out in total including the deposit and monthly payments (including interest) - the actual amount of LTV remaining is around 86% (I've paid off an extra 4% from the actual mortgage through the monthly payments since then, as someone pointed out, most of the initial payments in the first 12 months were interest.
if you have 14% equity then worst case that is where the 40% comes from

In order to give my ex an idea of what equity she may be entitled to we got the house valued, we were in negative equity by around £15k. She is still insisting she wants around £10k payout to leave the mortgage despite the fact she has only paid in £1.5k through the whole process, hasn't paid a penny since leaving over 12 months ago and despite the fact we are in negative equity, she doesn't seem to understand she isn't entitled to anything but refuses to transfer equity unless she gets the figure she wants.

£15k negative equity would imply your property is worth £15k less than the outstanding mortgage meaning LTV 100%+

do you mean the property is worth £15k less than the purchase price, but there is still equity?

junglist_matty

Simple.... Remortgage to a new deal with a high LTV, trick her into signing the appropriate papers to do so, keep the extra cash that's rightfully yours, then sell the house with only a little equity in it (that you share with her).