Ex put no deposit down and paid no monthly payments

roundgrapes_98

Hi Guys, wondering if you could help advise. My ex and I at the time were about to have a baby so we quickly rushed into buying a house. I put the deposit down for the house and payed all the monthly bills including the mortgage. We split almost a year into being at the house together and now have been apart for 7 years. I am still living at the house as she moved out. When we split she took so much furniture and left me with almost nothing and I have 2 children to look after too. Talks have been made about me moving and she has found out and wants 20k from the house. It was put down as joint tenants. Am I able to sue her for not paying her half for the last 6 years or do i have to give her what she wants? Please help.

Mark_d

The house belongs to you - you're the one who paid the deposit and all monthly bills including mortgage.  Your ex was staying with you for a very short period.  For these reasons I don't believe your ex has any claim against the house.  If I was you I'd be seeking professional legal advice.

ACG

This is one of those negotiation things. 
She has an interest in the property, but she has not paid anything. She could argue she wants 50% (although if it went to court I think that is unlikely), you could argue you want half the mortgage payments for the last few years and any upkeep costs.

Working on the assumption it is not amicable, I think you need to go and speak to a solicitor. If you have legal cover included in your car/home insurance you might be able to give them a call for an initial conversation. 

Hermann

You haven't mentioned whether you were married/civil partnership/divorced/living together?

Typically as joint tenants, both parties own the property jointly both legally and beneficially in equal shares. This is irrespective of who contributed what and the source of the funds, and the net proceeds of sale would be divided equally, unless you had a prior legal agreement saying different which seems unlikely as you registered as joint tenants.

DE_612183

Are you or have you been married?

Is the mortgage in your sole name or joint names?

Are the deeds of the house in your name or joint names?

roundgrapes_98

Just for clarification we were not married

comeandgo

Do you own the property on your own or is she joint owner?  

roundgrapes_98

we are joint tenants together on the house

Exodi

DE_612183 said:

Are the deeds of the house in your name or joint names?

comeandgo said:

Do you own the property on your own or is she joint owner?  

The OP has stated they are joint tenants.

ACG said:

She could argue she wants 50% (although if it went to court I think that is unlikely), you could argue you want half the mortgage payments for the last few years and any upkeep costs.

I'm not too sure on the strength of that argument given he has continued to live in the house and the ex moved out. Regardless, mortgage payments are not even relevant as interest is unrelated to mortgage contributions (think of all the SAHP's that don't contribute financially to the mortgage).

Playing devil's advocate, the OP could thank themselves lucky she's 'only' going after £20k. Personally, I wouldn't be too confident in the OP's position.

Hermann said:

Typically as joint tenants, both parties own the property jointly both legally and beneficially in equal shares. This is irrespective of who contributed what and the source of the funds, and the net proceeds of sale would be divided equally, unless you had a prior legal agreement saying different which seems unlikely as you registered as joint tenants.

^ I echo this view (unfortunately). I'd be focused on getting the ex on side for a negotiation, rather than threatening to sue them personally.

roundgrapes_98

Exodi said:

DE_612183 said:

Are the deeds of the house in your name or joint names?

comeandgo said:

Do you own the property on your own or is she joint owner?  

The OP has stated they are joint tenants.

ACG said:

She could argue she wants 50% (although if it went to court I think that is unlikely), you could argue you want half the mortgage payments for the last few years and any upkeep costs.

I'm not too sure on the strength of that argument given he has continued to live in the house and the ex moved out. Regardless, mortgage payments are not even relevant as interest is unrelated to mortgage contributions (think of all the SAHP's that don't contribute financially to the mortgage).

Playing devil's advocate, the OP could thank themselves lucky she's 'only' going after £20k. Personally, I wouldn't be too confident in the OP's position.

Hermann said:

Typically as joint tenants, both parties own the property jointly both legally and beneficially in equal shares. This is irrespective of who contributed what and the source of the funds, and the net proceeds of sale would be divided equally, unless you had a prior legal agreement saying different which seems unlikely as you registered as joint tenants.

^ I echo this view (unfortunately). I'd be focused on getting the ex on side for a negotiation, rather than threatening to sue them personally.

She came over for a discussion but demanded 20k and stormed off when I told her she's having my pants down! it wasn't an agreement she just told me what she wanted then left, surely it has to be agreed?

silvercar

If the property is held as joint tenants, you both need to sign to sell. How much equity was in the property when you bought and how much is there now?