Ex partner won''t sell or buy me out of property

Hi all

I bought a house with my ex partner 4 years ago. I moved out when we separated 2 years ago. We lived together for a year, in rented property, prior to that.

He is still living in the property and his girlfriend has moved in there too. He has 2 lodgers who generate over 50% of the monthly mortgage repayment. His girlfriend didn''t have a job until recently and made no contributions so far. We are joint tenants I believe in the titles.

In the last 2 years my name has stayed on the mortgage although I have paid nothing towards repayments. I have been desperate to come off the mortgage and offered verbally that I will happily walk away with nothing if he just took the mortgage on his name. He has done nothing to make that happen as his income is too low.

We have been in civil terms and I have been nervous about being pushy or demanding over this or involving a lawyer. However I am now desperate and I feel increasingly resentful for the amount of money I will have lost in that house if he keeps the whole equity. I am also very concerned over the liability hanging over me if he defaults in the repayments.

I am currently renting and neither of us have any other property. He contributed about 60-70% in the purchase of the property and I contributed about 30-40% plus a grant I received as I am disabled for free cavity wall insulation and changing all the radiators in the property. He recognises none of these contributions but in the titles we appear as completely equal owners anyway.

There is some equity in the house but probably not very much.

I would not want an equal share of the equity but I would expect a 35% share or reasonable compensation if I transfer my share to his partner''s name. Most importantly I want to resolve this urgently so I can buy another property.

Is this worth pursuing through a solicitor? What would be reasonable as an offer on my part?

Thanks very much in advance for your views on this, it''s really getting me down at the moment!

Regards

You mention the word '' partner ''. Does this mean you were married, or were you just living together ?

To advise you, it is important that I know the answer.

LMM

Thank you. No we were never married.

Looking forward to your views.

Regard

Yes, you would need advice from a lawyer. The first thing a solicitor would do is take a look at the deeds. If two unmarried people buy property jointly, it is desirable that they should spell out what their interests in the property are. That might be stated in the deeds, or it might be in a separate deed/declaration of trust.

As I understand the position, if the deeds just say the property is held as joint tenants, the presumption is that the shares are equal. But like any other presumption, it can be refuted or displaced. The recent case of Kernott v Jones has added an additional complication.

However if you do nothing, he has little incentive to pay you or change the status quo.
The remedy you have is to force a sale and I would say that does look like a possibility. The sale might be postponed for a few months, probably would be. But if, as I suspect may be the case, the property is held as beneficial joint tenants, the presumption is 50/50 and you might be able to use that as a bargaining chip to induce him to be co-operative.

But as I said - you have to see a lawyer if you want any progress. Initial advice should not cost the earth.

LMM

Hi LMM

Thanks very much for your answer!

I contacted a solicitor and dropped a text to ex to say that this is getting a bit uncomfortable and I want legal advice.

He called me 1h later to say he understands I''m worried and he''ll sort it out asap. He will pay me back my full initial capital input and would I mind it in monthly instalments! I was so stunned I had to take a few minutes of silence...

I went through my partner''s really bitter divorce with an ex who is just so greedy and inconsiderate. It caused so much pain I was dreading I''d have to go through similar with my ex. But no, it just shows how it can be reasonable and positive and considerate sometimes.

I''m really pleased and thanks for triggering my negotiating success on this!

Zx

Yes, but he still needs to get you released from the mortgage. You need to make sure that he can do this and agrees that he will.

Well, this is nice to see.

However, it might be a good idea to draw up a formal agreement.

Do not transfer your share to him unless you have been paid whatever sum is agreed. There will be conveyancing implications for which you will need a solicitor but it should not cost the earth. Less than an action in the Court, I''d have thought.

LMM