Can I claim back my share of house deposit after my name has been removed from mortgage?

[gavandcarly]

Hi guys,

 

Just a quick question.

 

I bought a house with my ex partner a few years ago, and a few months ago I had my name removed from the mortgage as we split up.

 

I did not receive a penny of the money that I had put into the house back from my ex.

 

I am wondering if I can request for my share of the deposit on the house back now, even though my name has already been removed from the mortgage?

 

Could I take this to a small claims court, if my ex refuses? What would the chances of me winning be?

 

Any advice/help appreciated.

[gavandcarly]

Any advice at all? Good or bad... Pretty please....

[ims21]

Patience please...

 

Don't forget this is a voluntary forum...the guys will advise as soon as they are available

 

Thanks

[gavandcarly]

Ooops sorry didn't want to sound impatient, just wanted to hear good or bad advice that's all

[ims21]

Ooops sorry didn't want to sound impatient, just wanted to hear good or bad advice that's all

 

 

 

No worries

[jacketpotato]

Hi,

 

I'm assuming you were not married. That would completely change the analysis.

 

When you pay towards a house, the law normally assumes that you become co-owner of the house in proportion to your payments. Only the deposit and mortgage repayments are counted, not contributions to household bills. However, there is some "wishy-washyness" here as the property can be divided in another way if a court thinks that is what you intended at the time. If your ex can convince a court that you intended the payments to be a gift, then you wouldn't be entitled to a share of the property - but it sounds unlikely that she could show this, but there may be some scope for her to make an argument like that if you are not registered as owning the property on the land registry.

 

However, just because you own a share of the property doesn't mean your ex-partner has to pay you off if she doesn't want to. You would normally only get your money back when the house is sold. You could apply for a court order that the house should be sold, but this can be expensive and there is no guarantee of success. If your ex sold the house and kept all the money without giving you your share, then she would be liable to pay you.

[gavandcarly]

Hi,

 

I'm assuming you were not married. That would completely change the analysis.

 

When you pay towards a house, the law normally assumes that you become co-owner of the house in proportion to your payments. Only the deposit and mortgage repayments are counted, not contributions to household bills. However, there is some "wishy-washyness" here as the property can be divided in another way if a court thinks that is what you intended at the time. If your ex can convince a court that you intended the payments to be a gift, then you wouldn't be entitled to a share of the property - but it sounds unlikely that she could show this, but there may be some scope for her to make an argument like that if you are not registered as owning the property on the land registry.

 

However, just because you own a share of the property doesn't mean your ex-partner has to pay you off if she doesn't want to. You would normally only get your money back when the house is sold. You could apply for a court order that the house should be sold, but this can be expensive and there is no guarantee of success. If your ex sold the house and kept all the money without giving you your share, then she would be liable to pay you.

 

My name is no longer on the mortgage as I had it removed a few months ago as I wanted to cut all ties with her. I no longer pay anything for the house, and i havnt lived there for nearly three years. I just want the deposit that i paid for the house back seen as though the house is all hers now and in her name. Is this possible? Can I claim for my deposit back even though I have already taken my name off the mortgage?

[brokebutnotbeatn]

If you were on the mortgage then you will also be on the deeds; do you recall if you were removed from the deeds (Land Registry) as this has to be done by completing a form and paying a fee and both you and she would have signed it. Its highly likely this was done as I would imagine that would have been done by the mortgage company lawyers as part of the process, but it might have been overlooked; you can check with the Land Registry. If it was done and you are in fact neither on the deeds not the mortgage then I would pay for an initial consultation with a family lawyer (as you were 'in common') however given the time that has passed I would imagine there is not a lot you can do and she will argue it was a 'gift' when you split up and on the balance of probabilites win. If however you are still a legal owner then there is more you could do. The first thing to ascertain is whether or not you are on the the deeds.

[gavandcarly]

Thank you so much for your advice.

 

I have checked the land registry title and my name is not on it, only hers.

 

So do you think I should pay to speak with a solicitor in regards to it then to see if I have any chance of submitting a claim?

 

Thanks again for your help.

[brokebutnotbeatn]

You could BUT the fact that you jumped through the hoops 3 years ago to get yourself removed from legal liability for the house/mortgage but didn't at the time seek a buy out settlement rather stacks in her favour. IMHO I think you should put it behind you, get rid of the bitterness/stress you feel now about this and get on with your life as it is now.

[gavandcarly]

My name wasn't removed from the mortgage 3 years ago.... It was only 6 months ago....

 

The reason I want to claim this back is becuase she has taken me to a small claims court after being separated for 3 years claiming that because I was an additional card holder on her credit card I should pay half of the remaining balance, and she won the judgement!

 

I couldn't believe it!

 

I live in Dubai so I wasn't able to go to court to defend myself in court.

 

Therefore I want to be able to claim back money that I put in the house that she has kept....

 

If you guys reckon there is no chance I wont bother, but I cant afford to give her £1800 for HER credit card, so I would like to get my deposit back from the house.

[brokebutnotbeatn]

Ah, I see. I recall that thread. As it is so recent yes I would imagine you could do a small claims; but it might be worth shelling out for an initial consultation with a family lawyer for some DIY advice. I would also challenge that cc order (but you are discussing this on another thread).

[gavandcarly]

Thanks for all your help!

 

I am currently awaiting a response from the court manager in regards to the judgement because I never received a date/time for the hearing from the court. They sent it to the address in which the claimant provided them with in the UK. Even though I put on my allocation questionnaire that I am in Dubai and for them to email me the date.time of the hearing.

 

Just a quick one how do you go about challenging a judgement please?