relationship breakup and house

relationship breakup and house

Author
Discussion

Rude-boy

22,227 posts

234 months

Tuesday 12th August 2014
quotequote all
firemunki said:
At the risk of going off on a tangent, I will be doing similar to the OP. Buying in my name, all my deposit but we live together so she'll be contributing to bills/paying me rent.
What do I need to protect myself and make sure she isn't going to suddenly be responsible for something we've not thought of. we currently rent together and have joint account for gas/leccy/water/virgin.
Co-habitation agreement - you need a decent family lawyer to draw one up for you to set out what you respective interests and obligations are.

gaz1234

5,233 posts

220 months

Tuesday 12th August 2014
quotequote all
how much equity in it?
i guess she is on a wage whereby she cant buy the same house by herself?

firemunki

362 posts

132 months

Tuesday 12th August 2014
quotequote all
Hi Bradvan, not a joint asset at this moment in time. She doesn't want to own her own place yet but in the future who knows.
Aim would be just my house but our home if that makes sense.

I've seen that guardian article about Declarations of Trust but that's about it, was getting some ideas here prior to speaking to the solicitor my folks used when they bought their place earlier this year.

  • ***Not to derail the thread too much. I put a thread up in finance section yesterday, if the OP wants to keep it separate. ***

Soov535

35,829 posts

272 months

Tuesday 12th August 2014
quotequote all
swerni said:
Soov535 said:
Just popped in to say that this thread contains some of the most magnificent "pub lawyering" I have ever seen. Ever.
Isn't that the best place for you country folk to be doing your lawyering from?
hehe


anonymous-user

55 months

Tuesday 12th August 2014
quotequote all
What this place needs is less pub lawyering and more lawyer pubbing.

Soov535

35,829 posts

272 months

Tuesday 12th August 2014
quotequote all
Breadvan72 said:
What this place needs is less pub lawyering and more lawyer pubbing.
I concur.

Red Devil

13,069 posts

209 months

Tuesday 12th August 2014
quotequote all
Soov535 said:
Breadvan72 said:
What this place needs is less pub lawyering and more lawyer pubbing.
I concur.
More? I thought it was de rigeur. rolleyes

Or in London, wine bars. IIRC Gordon's in Villiers Street attracts a fair selection. Barristers, not baristas, that is. wink

rlw

3,347 posts

238 months

Tuesday 12th August 2014
quotequote all
gaz1234 said:
how much equity in it?
i guess she is on a wage whereby she cant buy the same house by herself?
..and she won't be getting Legal Aid either - thank the MoJ for that................

anonymous-user

55 months

Tuesday 12th August 2014
quotequote all
At my chambers, for beer we go to the Edgar Wallace on Essex Street, for wine we go to Daley's further up on the corner with the Strand, and for cocktails we go to Lutyens on Fleet Street, or sometimes the Delaunay or the Savoy if feeling flush.

Funk

26,316 posts

210 months

Tuesday 12th August 2014
quotequote all
OP, might be worth checking your home insurance policy; I'm with Direct Line and have legal cover which appears to cover situations such as this:

Direct Line said:
As a legal protection policyholder we'll meet your legal fees and now we'll cover costs up to £100,000 per claim for the following situations:

Faulty goods or services you have bought including a holiday that didn't live up to expectations
Employment claims including unfair dismissal, redundancy and discrimination on the grounds of sex, race or disability (the cause of action must occur at least 90 days after cover starts)
Civil claims relating to the ownership or occupation of your home including boundary and neighbour disputes (the cause of action must occur at least 90 days after cover starts)
Defence of actions against you where you have privately sold personal goods
Personal injury claims including accidents at work, in public places, medical and clinical negligence
Contract disputes for buying or selling your home
Personal injury and Contract claims are even covered if they occur outside the UK!

Red Devil

13,069 posts

209 months

Tuesday 12th August 2014
quotequote all
Breadvan72 said:
The OP's stance in telling his ex to jog on may accord with the typically boorish PH mentality, but I suggest that it was both legally and morally wrong. I think that the apparent intentions of the parties (based on the OP's own narrative) and the facts that the ex procured 4K for the deposit and then made modest contributions to the household outgoings are sufficient to give her a good arguable claim to have a beneficial interest in the property. Her interest is well short of 50%, but it will have some value.
I thought it might. Thanks for the clarification BV. smile

Breadvan72 said:
The OP should certainly seek to avoid litigation (which, as a litigator, I almost always advise people to avoid). He should negotiate for a fair settlement. Telling the ex to jog on was a bad start, but it is not too late for sense to prevail.
Agreed. But, even if the OP gets it, doesn't the last point depend on the ex (and those who may be backing her)? It takes two to tango.

You can never tell when a woman is suddenly going to turn. From amenable to 'the mental' in the blink of an eye.

"Heaven has no rage like love to hatred turned, Nor hell a fury like a woman scorned,"
Zara in Act III, Scene VIII of William Congreve's The Mourning Bride.

Sir Bagalot

6,508 posts

182 months

Tuesday 12th August 2014
quotequote all
Dunno about the house but in my book you still morally owe her Grandparents £1Kyes

Council Baby

19,741 posts

191 months

Tuesday 12th August 2014
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swerni said:
Handy, I'm going to organise a city beer for next month wink

About time you showed your face!
Hurry up and get it organised you tart.

Grandad Gaz

5,095 posts

247 months

Tuesday 12th August 2014
quotequote all
Sir Bagalot said:
Dunno about the house but in my book you still morally owe her Grandparents £1Kyes
I think so too.

Sounds a bit fishy to me. Why did you give them £3k back and then had them sign a document saying they had no further interest in the property. Was that a "take it or leave it offer"?

Muzzer79

10,115 posts

188 months

Tuesday 12th August 2014
quotequote all
If it were me, I would do the following:

She's paid you £2400 (£200 per month for 12 months)

Plus, she procured £4k from her grandparents, of which you've paid back £3k.


Give the £1k back to her grandparents and offer her the £2400 back with a top-up depending on how much percentage the house has risen in value - i.e an extra £240 if it's risen by 10%

She's then effectively been living with you "rent"-free during this time, but you are recognising her contribution.

No way is she entitled to 50%, but you should recognise her (small) contribution to avoid costly legal fees.

All in my non-lawyer opinion of course.

dancole90

Original Poster:

44 posts

126 months

Wednesday 13th August 2014
quotequote all
Firstly, thanks for the advice so far.


swerni said:
Would tell him to get his £4k back and move on.

Op you say she "sent" you £200 every month, are you saying she wasn't actually living there?
I mean by bank transfer.


dancole90

Original Poster:

44 posts

126 months

Wednesday 13th August 2014
quotequote all
gaz1234 said:
how much equity in it?
i guess she is on a wage whereby she cant buy the same house by herself?
Not alot of equity in the house at the moment as i'm only a year into the mortgage.
There's no way she could afford the mortgage by herself let alone the other financial obligations which come with a house like council tax, insurance, utility bills etc

Du1point8

21,612 posts

193 months

Wednesday 13th August 2014
quotequote all
dancole90 said:
gaz1234 said:
how much equity in it?
i guess she is on a wage whereby she cant buy the same house by herself?
Not alot of equity in the house at the moment as i'm only a year into the mortgage.
There's no way she could afford the mortgage by herself let alone the other financial obligations which come with a house like council tax, insurance, utility bills etc
So the £200 sent was for bills and not for the mortgage then.

dancole90

Original Poster:

44 posts

126 months

Wednesday 13th August 2014
quotequote all
Du1point8 said:
So the £200 sent was for bills and not for the mortgage then.
exactly.

12lee

161 posts

166 months

Wednesday 13th August 2014
quotequote all
dancole90 said:
Today I got a call from her saying she is going to pursue for half of the house as she contributed towards it.
Why do people alert others to what they are going to do (yet generally don't do it)? Good of her to let you know. Now you're prepared. Personally I'd disregard until anything legal comes through the letterbox then respond in writing, simply and no earlier than one week after receipt. Let her have the grief and cost. Meanwhile, enjoy life smile

Block her number on your phone. Delete all contact details. You split up, you weren't married, you don't have kids. QED, no relationship or friendship now and based upon what she's doing, she's just disqualified herself from any future relationship or reconciliation.

I bet she's lost her new job and is looking for alternative sources of money and/or her rebound relationship has just ended.



Edited by 12lee on Wednesday 13th August 10:38