Couple Separation Advice – Legal Advice
Discussion
Hello. I'm a looking for advice regarding the separation of a young couple.
A friend and her boyfriend recently agreed to separate. They we're living together and had bought a house together. Each putting their savings into the house (around £35k each) and then a joint mortgage. Following the separation she moved out with just her clothes and toothbrush leaving everything they had bought together in the house. (Sofa, beds, dining table, chairs, kitchen utensils, garden tools, etc). It was verbally agreed that he would get a new mortgage and then pay her deposit back to her with a little interest due to the increase in value of the house.
This was nine months ago. To date, he has a new mortgage, and now has a lodger renting a room in the house but is refusing to pay her her money back. She initially employed a solicitor but after several letters to and from the respected solicitors was sent a bill which she paid, but cannot afford to continue to do so without some guaranteed results. She is now telephoning and writing to his solicitor herself asking for the money, but obviously they are ignoring her due to instructions they are receiving from the ex-boyfriend.
This in principle, I would have thought would be a simple situation to solve. Can anyone offer advice on the best way to go about reclaiming her money, or a method where the solicitors fee for doing so is fixed or agreed.
Many thanks in advance.
A friend and her boyfriend recently agreed to separate. They we're living together and had bought a house together. Each putting their savings into the house (around £35k each) and then a joint mortgage. Following the separation she moved out with just her clothes and toothbrush leaving everything they had bought together in the house. (Sofa, beds, dining table, chairs, kitchen utensils, garden tools, etc). It was verbally agreed that he would get a new mortgage and then pay her deposit back to her with a little interest due to the increase in value of the house.
This was nine months ago. To date, he has a new mortgage, and now has a lodger renting a room in the house but is refusing to pay her her money back. She initially employed a solicitor but after several letters to and from the respected solicitors was sent a bill which she paid, but cannot afford to continue to do so without some guaranteed results. She is now telephoning and writing to his solicitor herself asking for the money, but obviously they are ignoring her due to instructions they are receiving from the ex-boyfriend.
This in principle, I would have thought would be a simple situation to solve. Can anyone offer advice on the best way to go about reclaiming her money, or a method where the solicitors fee for doing so is fixed or agreed.
Many thanks in advance.
Edited by cliff123 on Wednesday 16th April 09:06
cliff123 said:
Hello. I'm a looking for advice regarding the separation of a young couple.
A friend and her boyfriend recently agreed to separate. They we're living together and had bought a house together. Each putting their savings into the house (around £35k each) and then a joint mortgage. Following the separation she moved out with just her clothes and toothbrush leaving everything they had bought together in the house. (Sofa, beds, dining table, chairs, kitchen utensils, garden tools, etc). It was verbally agreed that he would get a new mortgage and then pay her deposit back to her with a little interest due to the increase in value of the house.
This was nine months ago. To date, he has a new mortgage, and now has a lodger renting a room in the house but is refusing to pay her her money back. She initially employed a solicitor but after several letters to and from the respected solicitors was sent a bill which she paid, but cannot afford to continue to do so without some guaranteed results. She is now telephoning and writing to his solicitor herself asking for the money, but obviously they are ignoring her due to instructions they are receiving from the ex-boyfriend.
This in principle, I would have thought would be a simple situation to solve. Can anyone offer advice on the best way to go about reclaiming her money, or a method where the solicitors fee for doing so is fixed or agreed.
Many thanks in advance.
I hope that it works out but being verbally agreed will no doubt cause problems.A friend and her boyfriend recently agreed to separate. They we're living together and had bought a house together. Each putting their savings into the house (around £35k each) and then a joint mortgage. Following the separation she moved out with just her clothes and toothbrush leaving everything they had bought together in the house. (Sofa, beds, dining table, chairs, kitchen utensils, garden tools, etc). It was verbally agreed that he would get a new mortgage and then pay her deposit back to her with a little interest due to the increase in value of the house.
This was nine months ago. To date, he has a new mortgage, and now has a lodger renting a room in the house but is refusing to pay her her money back. She initially employed a solicitor but after several letters to and from the respected solicitors was sent a bill which she paid, but cannot afford to continue to do so without some guaranteed results. She is now telephoning and writing to his solicitor herself asking for the money, but obviously they are ignoring her due to instructions they are receiving from the ex-boyfriend.
This in principle, I would have thought would be a simple situation to solve. Can anyone offer advice on the best way to go about reclaiming her money, or a method where the solicitors fee for doing so is fixed or agreed.
Many thanks in advance.
Edited by cliff123 on Wednesday 16th April 09:06
However, surely if she has proof that she paid 1/2 of the deposit (bank statement) and 1/2 the mortgage/bills, I would imagine that either he has to pay her that back plus an amount up to how much the property has inflated.....or he would he forced to sell giving her half. This is assuming that her name is on the deeds?
One practical point, if they own the property as "joint tenants" (it will say on the land reg docs), then she needs to write to him, preferably by recorded delivery, keeping a copy stating that she is severing the tenancy. That way if she falls under a bus tomorrow he doesn't inherit her share of the property.
I can't imagine this should be very difficult for a competent solicitor to sort. Given that the ex won't settle amicably, what is the solicitor suggesting she does next?
I can't imagine this should be very difficult for a competent solicitor to sort. Given that the ex won't settle amicably, what is the solicitor suggesting she does next?
cliff123 said:
Hello. I'm a looking for advice regarding the separation of a young couple.
A friend and her boyfriend recently agreed to separate. They we're living together and had bought a house together. Each putting their savings into the house (around £35k each) and then a joint mortgage. Following the separation she moved out with just her clothes and toothbrush leaving everything they had bought together in the house. (Sofa, beds, dining table, chairs, kitchen utensils, garden tools, etc). It was verbally agreed that he would get a new mortgage and then pay her deposit back to her with a little interest due to the increase in value of the house.
This was nine months ago. To date, he has a new mortgage, and now has a lodger renting a room in the house but is refusing to pay her her money back. She initially employed a solicitor but after several letters to and from the respected solicitors was sent a bill which she paid, but cannot afford to continue to do so without some guaranteed results. She is now telephoning and writing to his solicitor herself asking for the money, but obviously they are ignoring her due to instructions they are receiving from the ex-boyfriend.
This in principle, I would have thought would be a simple situation to solve. Can anyone offer advice on the best way to go about reclaiming her money, or a method where the solicitors fee for doing so is fixed or agreed.
Many thanks in advance.
The problem is that if the ex doesn't want to play ball, then physically things are very difficult. The endgame is legal action, and then enforcement. That takes money. Without the 'teeth' of legal action, and thus a solicitor, that is a barking dog with no bite. A friend and her boyfriend recently agreed to separate. They we're living together and had bought a house together. Each putting their savings into the house (around £35k each) and then a joint mortgage. Following the separation she moved out with just her clothes and toothbrush leaving everything they had bought together in the house. (Sofa, beds, dining table, chairs, kitchen utensils, garden tools, etc). It was verbally agreed that he would get a new mortgage and then pay her deposit back to her with a little interest due to the increase in value of the house.
This was nine months ago. To date, he has a new mortgage, and now has a lodger renting a room in the house but is refusing to pay her her money back. She initially employed a solicitor but after several letters to and from the respected solicitors was sent a bill which she paid, but cannot afford to continue to do so without some guaranteed results. She is now telephoning and writing to his solicitor herself asking for the money, but obviously they are ignoring her due to instructions they are receiving from the ex-boyfriend.
This in principle, I would have thought would be a simple situation to solve. Can anyone offer advice on the best way to go about reclaiming her money, or a method where the solicitors fee for doing so is fixed or agreed.
Many thanks in advance.
Edited by cliff123 on Wednesday 16th April 09:06
Secondly, does he even have access to £35k or more to settle? I think the only real course of action is to reemploy a solicitor with balls and get them to sort it.
Maybe he hasnt been able to re-mortgage on decent terms on his own (smaller deposit and income) hence cant easily repay the £35K - no other savings etc.
A distressed sale in the current housing market is only going to result in a BIG loss for both parties. I can't see a happy ending as solicitors are not going to work on a fixed price with a situation like this so bills are going to mount up down that route pretty fast.
A distressed sale in the current housing market is only going to result in a BIG loss for both parties. I can't see a happy ending as solicitors are not going to work on a fixed price with a situation like this so bills are going to mount up down that route pretty fast.
This is the fundamental point: how could he re-mortgage if she had her name on the deeds in the first place. Unless she did not? Even if, she (i'm speculating), wrote her signature allowing him to take this out, in hope that he would settle up, it can be challenged. A reasonable judge would ask, "Who would willingly give up their stake in a property at the end of a relationship for nothing....". It makes it hard to ascertain, but the law is not just founded on facts but on what is reasonable too.
I have (like a few people, I imagine) had this exact same scenario....
The first thing she must do is engage a solicitor (not cheap, £200-350 an hour no problem). These fees will be paid out of the settlement to her, if it happens. Yes, do seek legal aid, but a good, decent solicitor who specialises in family law, will happily give her some time to look at the facts prior to explaining what sort of outcome they can offer, and how much it will cost......
I have (like a few people, I imagine) had this exact same scenario....
The first thing she must do is engage a solicitor (not cheap, £200-350 an hour no problem). These fees will be paid out of the settlement to her, if it happens. Yes, do seek legal aid, but a good, decent solicitor who specialises in family law, will happily give her some time to look at the facts prior to explaining what sort of outcome they can offer, and how much it will cost......
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