relationship breakup and house

relationship breakup and house

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anonymous-user

54 months

Friday 15th August 2014
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FPWM.

RYH64E

7,960 posts

244 months

Friday 15th August 2014
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Breadvan72 said:
Those knobheads at the Council tell me I need planning permission for the missile launching rails and a health and safety inspection on the piranha pool. Bloody EU, Nanny State, I blame Tony Blair, vote UKIP, etc, etc, (continued on page 97)
Just make sure your Missus doesn't sue you for a share of the evil empire should she be brave enough to leave you, wouldn't do much for the overlord image. I guess you've covered that possibility with the piranha pool, cheaper than lawyers and much less messy.

anonymous-user

54 months

Friday 15th August 2014
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Yeah, but lawyers come in handy used instead of lab rats in the Evil Science Lab. Lawyers are more plentiful, the lab techs don't become so emotionally attached to them and, besides, there's some stuff that rats won't do.

AngryPartsBloke

1,436 posts

151 months

Friday 15th August 2014
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longblackcoat said:
AngryPartsBloke said:
Red 4 said:
No doubt.

But the impression I got (rightly or wrongly) was that he was suggesting the op should make a financial settlement with his ex. over and above the return of the deposit to the grandparents.

Given the current situation (legal principles aside) I would suggest that is unwise.
I would suggest it would be most unwise to follow the advice or opinion of anybody but Breadvan.
I disagree; BV knows his law, certainly, but to give proper advice one would need all the details. And to have advice worth following, you'd want written advice from a properly-insured legal bod who you'd actually paid.

Not to slight Breadvan, but he's emphatically not the OP's lawyer, and as such is giving only the most general of advice.
Of course I meant only in this Thread, to ignore all the people offering advice who aren't trained or know what they are talking about and not that the OP should not go out and pay for some legal advice instead of asking on the internet (or in adition too)

I didn't want to come across as being head of the Breadvan fan club either. That's weird

Rude-boy

22,227 posts

233 months

Friday 15th August 2014
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The Christmas Party at BV's chambers:-


anonymous-user

54 months

Friday 15th August 2014
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I applied to join my fan club, but they turned me down. Gits.

Type R Tom

3,864 posts

149 months

Friday 15th August 2014
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A quick question, I'm buying a place that my GF is going to move into. I've got the deposit and mortgage in my name plus the bills will be. The plan is she pays me £££ per month plus some of the shopping etc.

If the worst happens and we split up, how to I go about protecting myself from all this in advance? Or do I have to accept if we are living there as a couple and we split up I'm probably going to needed to take out a loan to pay her off?

anonymous-user

54 months

Friday 15th August 2014
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It's not very romantic, but you could make a binding agreement as to property rights. Such an agreement could be unravelled by a Court if you were married and later divorced, but absent any funny business an agreement between unmarried partners should be upheld.

Otherwise, what would happen would likely depend on the intentions to be inferred from conduct. What do you want to happen?

PurpleMoonlight

22,362 posts

157 months

Friday 15th August 2014
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Breadvan72 said:
Otherwise, what would happen would likely depend on the intentions to be inferred from conduct. What do you want to happen?
Sex without the risk to wealth. Is that possible?

cool

Type R Tom

3,864 posts

149 months

Friday 15th August 2014
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Breadvan72 said:
It's not very romantic, but you could make a binding agreement as to property rights. Such an agreement could be unravelled by a Court if you were married and later divorced, but absent any funny business an agreement between unmarried partners should be upheld.

Otherwise, what would happen would likely depend on the intentions to be inferred from conduct. What do you want to happen?
Marriage / kids etc. is different. I'm just thinking moving in together is a big step and if it didn't work out (for what ever reason) I don't want to end up like the OP!

anonymous-user

54 months

Friday 15th August 2014
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PurpleMoonlight said:
Breadvan72 said:
Otherwise, what would happen would likely depend on the intentions to be inferred from conduct. What do you want to happen?
Sex without the risk to wealth. Is that possible?

cool
Remember The Rule Of The Three Fs.

Rude-boy

22,227 posts

233 months

Friday 15th August 2014
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As BV says, co-habitation agreement setting out the position and so on. Then stick to it!

However, as said, once wedding rings appear it gets a bit more tricky and once children appear all bets are off.

It isn't the most romantic thing in the World but I do have a bit of a different view on this stuff to some. I see people buying houses all the time and it is 100% clear to me that your average star crossed FTBers are totally different animals to 12 years ago. Then I would be trying to make sure that they stopped gazing into each other's eyes for long enough to listen to me. These days before I have finished discussing source of funds I've been sent an e-mail with the instructions for a trust deed or a "How can we make sure that Jenny's parents get back their £30k is she and I split and have to sell the house?"

It's a hell of a lot easier to have the conversations about this stuff day one than it is when you also have to dodge crockery. Also, and this is personal not legal, I am of the mind that if anyone has a problem with a document reflecting the contributions of each party accurately they should perhaps reconsider buying a house with them...

Oakey

27,566 posts

216 months

Friday 15th August 2014
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I bet if the house was in negative equity you wouldn't see her for dust!

Rude-boy

22,227 posts

233 months

Friday 15th August 2014
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Oakey said:
I bet if the house was in negative equity you wouldn't see her for dust!
of course you wouldn't. But wait 5 years and it could be a hell of a lot worse!

rlw

3,333 posts

237 months

Friday 15th August 2014
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Red 4 said:
I have not given out any legal advice on this subject. You are mistaken. I have given my own opinion - and that opinion is that I would not take your advice as gospel.
I would seek a second opinion.

Once again, you show your arrogance and Know-It-All attitude. You just can't help yourself can you ... you resort to calling me a "pub lawyer type". FYI I have legal training and experience, just not in the area of civil law.

The reality is that the sums involved in this case are probably - note the word probably - so small that any legal action is unlikely.

The up-front costs will probably outweigh any financial settlement (assuming the ex will have to pay costs and will not get legal aid - again I am not an expert on legal aid.

Let's see your projections for costs/ settlement figures and make the op a little better informed.

IE. Give him some figures. That is what this is all about.

Leave the one-up-manship aside (if you can). Tell the op what he may or may not be faced with.



Edited by Red 4 on Thursday 14th August 15:08
A couple of points to be made.

If the OP is to get a second opinion, a second opinion to what? I don't think a few comments on here constitute "an opinion", especially given the financial consideration involved.

No legal aid for divorce any more except where domestic violence is involved (I think).

The OP should get in touch with a decent family lawyer and spend £150/£200 for some formal advice and take it from there. In fact, he could even go to a CAB with a family lawyer if he could find one nearby.
Look up the Resolution website for a solicitor. Depending on where the OP is, I could even suggest a couple.

OK, three points.............

PurpleMoonlight

22,362 posts

157 months

Friday 15th August 2014
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rlw said:
A couple of points to be made.

If the OP is to get a second opinion, a second opinion to what? I don't think a few comments on here constitute "an opinion", especially given the financial consideration involved.

No legal aid for divorce any more except where domestic violence is involved (I think).

The OP should get in touch with a decent family lawyer and spend £150/£200 for some formal advice and take it from there. In fact, he could even go to a CAB with a family lawyer if he could find one nearby.
Look up the Resolution website for a solicitor. Depending on where the OP is, I could even suggest a couple.

OK, three points.............
The OP wasn't married.

PurpleMoonlight

22,362 posts

157 months

Friday 15th August 2014
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If the courts have to decide on these cohabitation property interest value I hope they take into account which party has taken all the financial risk. I certainly doesn't seem fair to me that the other party should benefit from 50% of the profit without taking any of the financial risk.

anonymous-user

54 months

Friday 15th August 2014
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No one has suggested that the ex in this case has anything like a fifty per cent share.

Fifty fifty would be the default split if two people are joint legal owners (not the case here), but the default position can be displaced by evidence.

rlw

3,333 posts

237 months

Friday 15th August 2014
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PurpleMoonlight said:
The OP wasn't married.
Fair point - even less chance then..................

dave123456

1,854 posts

147 months

Saturday 16th August 2014
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Soov535 said:
Given that Breaders is a well respected (!) barrister of many years experience, I'd say he is entitled to be one up on all of us.
why?

isn't our legal system progressive and based in part on case law? so in my opinion, in the purest sense, a 'pub lawyer' could potentially re-write our legal jurisdiction.