Ex put no deposit down and paid no monthly payments

Exodi

roundgrapes_98 said:

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?

But with respect, it doesn't sound like you made any form of counter-offer, so I'm not sure how you think an agreement could be reached?

If the the current positions you both hold are she wants £20k and you don't think she should get anything, then there's room in between to negotiate.

With that said, if you have legal cover on your home insurance, it might be worth checking it past them before you make any form of offer. Alternatively, speaking to a solicitor in a free 30 minute consultation to see if you have any leg to stand on. I don't personally think you do, but that's just my opinion and I'm not a lawyer.

If it turns out you don't, being amicable and suggesting £10k as a compromise might be the best outcome.

Exodi

silvercar said:

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 not sure this helps the OP as they also mentioned they solely funded the entire deposit. So it wouldn't be fair just calculating amounts based on when they split up/she moved out/etc.

OP is alleging she has contributed absolutely nothing.

What would be useful though, is to understand how much equity is in the total property.

For example, is there £40k (and she's asking for half which is £20k), or is there £140k (and £20k could be seen as a good result).

ACG

Exodi said:

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.

This is a fair point. But in this case, where would the ex have contributed? Its not like she stayed at home to look after the kids or keep the house so to speak. 

I dont think £20k is unreasonable in the sense she could ask for more. But I also think there is a counter argument to try and get it down. I have no idea whether it would work. Thats why I suggested solicitors. It does seem harsh though if she does come away with anything from what has been said. 

Exodi

ACG said:

Exodi said:

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.

This is a fair point. But in this case, where would the ex have contributed? Its not like she stayed at home to look after the kids or keep the house so to speak. 

I dont think £20k is unreasonable in the sense she could ask for more. But I also think there is a counter argument to try and get it down. I have no idea whether it would work. Thats why I suggested solicitors. It does seem harsh though if she does come away with anything from what has been said. 

FWIW, I don't disagree at all, it is extremely harsh on the OP based on what they've said.

roundgrapes_98

silvercar said:

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?

Bought for £177k could sell now for around £220k so not a massive amount 

Exodi

roundgrapes_98 said:

silvercar said:

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?

Bought for £177k could sell now for around £220k so not a massive amount 

This sounds like you're referring to the house value, not equity.

How much was the original mortgage at the time of purchase and what's the current mortgage balance now? Minus that from the house value to get equity.

(E.g. if you bought for £177k with a mortgage for £160k, you had equity of £17k (obviously this would all be from deposit) at the start.

If the house is now worth £220k with a current mortgage of £140k, you currently have equity of £80k).

It's just to gauge whether her request for £20k is holding you bang to rights as joint owners, or if she's being 'generous'.

roundgrapes_98

I can remember off the top of my head what the equity was in the begging but there is currently £88k worth in equity at the moment

roundgrapes_98

I live in a small 2 bed house and want to be able to get a bigger house so my daughters can have their own room but I feel like i wont be able to do that with the large amount she is wanting to take from me

Hoenir

roundgrapes_98 said:

I live in a small 2 bed house and want to be able to get a bigger house so my daughters can have their own room but I feel like i wont be able to do that with the large amount she is wanting to take from me

Your ex is paying the appropriate level of child maintenance? 

roundgrapes_98

Hoenir said:

roundgrapes_98 said:

I live in a small 2 bed house and want to be able to get a bigger house so my daughters can have their own room but I feel like i wont be able to do that with the large amount she is wanting to take from me

Your ex is paying the appropriate level of child maintenance? 

I pay her £100 a month and any other child needs like classes or new shoes, new passport etc...