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Ex put no deposit down and paid no monthly payments

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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.
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Comments

  • Mark_d
    Mark_d Posts: 2,401 Forumite
    1,000 Posts First Anniversary Name Dropper
    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
    ACG Posts: 24,551 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    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. 
    I am a Mortgage Adviser
    You should note that this site doesn't check my status as a mortgage adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice.
  • Hermann
    Hermann Posts: 1,406 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    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
    DE_612183 Posts: 3,775 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 23 April at 12:15PM
    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?
  • Just for clarification we were not married
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you own the property on your own or is she joint owner?  
  • we are joint tenants together on the house
  • Exodi
    Exodi Posts: 3,922 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Combo Breaker
    edited 23 April at 12:36PM
    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.
    Know what you don't
  • 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
    silvercar Posts: 49,534 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    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?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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