Joint OWNERSHIP of house. Can anyone help?

[chiplover]

Hi,

 

I am currently living in a house with my fiancee. Her last boyfriend left 3 years ago, but still has his name on the deeds as legal 'co proprietor' with my fiancee. He had originally agreed in writing that he would hand over all ownership of the house to my fiancee as he had contributed next to nothing financially, but by the time her (awful) solicitors had acted a year later, they wanted him to confirm again that he would hand it over. He refused, claiming he wanted money he had paid on the mortgage (3 payments) before he considered agreeing. He did not pay any money up front for the house, and did not use his own money for a deposit.

 

Consequently she has been paying over the odds for the last year on the mortgage as she is unable to change anything without his say so. No one has an address for him...

 

what can we do...

 

Chiplover, Northumbria

[MrShed]

HI CL.

 

I guess this would depend on the agreement between them for the mortgage payments, and any rental payments etc. What kind of living arrangement agreements were made between the two? Who agree to contribute what, and what was actually contributed etc?

 

It would also be useful to know more regarding what he stated in writing. What was the exact wording, and did he sign it?

[chiplover]

No formal agreements were made at the time to say who was supposed to pay what.

 

The mortgage has been paid for by my fiancee for 3 years. He only ever helped to pay half of 6 of the first payments.

 

Her solicitors have a signed letter from him stating that he agreed to hand the ownership of the property directly over to my fiancee, but unfortunately I have no idea as to the exact wording.

 

He did not pay his half of the deposit, as the money was borrowed from my fiancee (he now claims that was a gift).

 

The solicitors have been appallingly useless, and only ever await instruction from my fiancee. (being a nurse and not a lawyer she doesn't know what to say to them).

 

He has no formal address, and in correspondence with her solicitors he has only given a contact email address. He continues to rack up debt using OUR address and we have had bailiffs try to enter the house. The only contact land address we have is his father's (he is being unhelpful also).

 

The only thing that has been committed to paper is his declaration of intent to hand the house over to my fiancee, which he has since said he would not consider until he had money paid back to him from his mortgage payments.

 

mmm....

[jennyuk]

hi ya, As they were joint owners of the property and there was no declaration of trust drawn up when thye brought the house, technically he could claim half of the house and ask your partner to buy him out.

 

On the other hand if your partner can prove she has paid the mortgage all this time and he hasnt she can argue this in court.

 

I would tell her partner to change sols and get new solicitors to get this sorted.

 

He should only take about 6 weeks to sort out.

 

PS i work in the conveyancing department at a solicitors