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Can I do this?

I bought a property 4 years ago, my ex partner provided the deposit for me. Nothing is down on paper regarding this, however she is demanding that I sell the house as I have broken up with her as she has been up to no good. Can I decide to sell at negative equity? The chance to get my own back seems to good to pass as she has been plotting my downfall for quite a while now, she only cares about money and thinks she will make a lot of it from the sale while I will have nowhere to go.
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Comments

  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    * I assume you are both named as joint owners?
    * I assume you are both namd on the mortgage?
    * In which case you can only sell if
    a) you both agree to sell and
    b) you agree on the price
    * of course, if you are sole owner you are free to sell whenever, to whoever, at whatever price, you want
    * Except that she might try to claim an 'interest' in the house if it's her home - especially if there are kids. Are there?
    * the alternative if she's an owner and refuses to sell is to force her to via a court order - slow and expensive
    * Are you in negative equity? If so, can you (or she) afford to make up the shortfall from savings/elsewhere? If not, you'll only be able tosell with the mortgage lender'spermission.
  • Doggy123
    Doggy123 Posts: 8 Forumite
    Her name is not on the deeds just mine. I have 2 children and they will need somewhere to stay at the weekends. I was going to pay off the remainder of the deposit about £5,000 just to get her out of my way. She isn't supposed to be living with me she has been claiming from housing benefit and child benefit she works only 16hrs to get these.
  • SuboJvR
    SuboJvR Posts: 481 Forumite
    First Post Combo Breaker First Anniversary
    edited 6 July 2017 at 9:59PM
    If it's your mortgage, and the house is in your name, why do you want to sell?
  • p00hsticks
    p00hsticks Posts: 12,819 Forumite
    First Post Name Dropper Photogenic First Anniversary
    Doggy123 wrote: »
    She isn't supposed to be living with me she has been claiming from housing benefit and child benefit she works only 16hrs to get these.

    Whilst the housing benefit claim may well be fraudulent, if she has two children in her care she's perfectly entitled to claim child benefit (unless that 16 hours work is netting her more than 60k a year)
  • Doggy123
    Doggy123 Posts: 8 Forumite
    She provided the deposit through a bank loan so she can surely demand something back at my expense can't she??
  • debtisnotme
    debtisnotme Posts: 111 Forumite
    Two wrongs don't make a right. My advice would be give her the £5000 and forget about her, if not karma may come back to bite you too.
    Debt on 25/5/17
    Mortgage[STRIKE] £61,999[/STRIKE] £59,335
    Secured loan approximately[STRIKE] £20,000[/STRIKE] £19,353
    Unsecured debt in DMP with Stepchange[STRIKE] £38,887[/STRIKE] £37,763
  • pinkshoes
    pinkshoes Posts: 20,082 Forumite
    Name Dropper First Anniversary Photogenic First Post
    I would pay her back the £5k. Best to be rid of people like that.

    She can't make you sell the house, but she CAN take you to court for the amount, and by the sounds of it she can prove it was a loan, so would win.

    If she is committing benefit fraud, report her!
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • IAmWales
    IAmWales Posts: 2,024 Forumite
    Do you have children with her or are they from a previous relationship? If the former, be aware that she may be entitled to more than just the deposit back. I would be taking legal advice, and keeping things civil in order to maintain a relationship with the children (she holds a lot more power in that respect).
  • Doggy123
    Doggy123 Posts: 8 Forumite
    I have no problem giving her the £5,000 I have it ready to go but she is the type of person that will want more from the sale of the house, I know she has stolen from me in the last few weeks but wont admit it.
  • You need proper legal advice. You need to sit down with a solicitor and the paperwork from when you bought the house, and talk it over with everything laid out in front of you.

    From the sounds of it, the deeds are solely in your name, therefore it's your house and she doesn't have much of a claim except to the deposit.

    HOWEVER, if she can prove that some of her money has gone to you to cover mortgage payments, then she may be considered to have a stake in the house as she's contributed to the costs. This is why a solicitor will be needed, they can talk you through the possible options that she might take, and the avenues you have open to you to get rid of her legally.

    If you try to get around this the cheap way (i.e. by not hiring a law professional) then it could come back to bite you in the backside. Get it all sorted out nice and legally, and give her no change of a comeback.
    "You won't bloom until you're planted" - Graffiti spotted in Newcastle.

    Always try to be nice, but never fail to be kind - Doctor Who

    Total overpayments in 2021 - £901.28!
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