Property Ownership

House_455281

I shared a property with my ex-partner (who has recently passed away). When we split I moved out of the property but continued paying the mortgage. After I stopped paying the mortgage (as I could not afford to pay rent and the mortgage) it was agreed through a separation agreement with solicitors that I would transfer my interest in the property (the property was in negative equity at the time). I wanted to keep the house but it was refused by my ex partner and as they refused to move out of the property, threatened that they would force sale & both would have to declare bankruptcy. I thought it was easier to agree to this. The clause in the agreement stated that 'I would transfer my interest in the property subject to the mortgage with the bank'. I then received a letter stating the bank would not release me from the mortgage until it was proved for 6 months that the payments would be made and affordability was there to cover costs. This trail period ended and the transfer was never carried out. Ex partner then moved out of property and rented it out thereafter. My name is still on title deeds as joint tenant, still on mortgage with bank but the family are stating that they own the property as I signed an agreement 10 years ago. Can someone confirm if this separation agreement holds any legal stance 10 years after it was signed? Also the agreement was signed by the deceased so can it still be used in order to get me carry out the transfer to her family and finally does it override 'right of survivorship'?

Keep_pedalling

You need professional advice no one here can say whether that agreement is binding or not.

CantonaBoy

Surely Survivorship supercedes all agreements and to try and implement an agreement after 10 years seems like lunacy to me. 

silvercar

On the face of it you agreed to transfer the property in negative equity. So you got to walk away with no liability. That would, be a good result at the time.

Wind forward and the transfer was never enacted, so you still claim to own half (?) the property. A key factor may be who had the rent money, who paid for maintenance, who declared rental income to hmrc etc.

MWT

CantonaBoy said:

Surely Survivorship supercedes all agreements and to try and implement an agreement after 10 years seems like lunacy to me. 

Not at all, there is a very good chance the agreement is valid, but as above, legal advice is strongly advised.