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Hi

I wonder if anyone can offer any advice?

Bought a house in 2008 with my girlfriend.

She put in £85k (40%) from the sale of her previous house. We had a Declaration of Trust set up to ringfence that contribution. The DoT said that I would meet the mortgage payments in full (neither of us realised this until a couple of weeks ago) and that when the house is sold the mortgage company would get their share currently £110k, She would getback her 40% and next I would get what I had contributed and then whatevers left would be split between us.

I moved out in 2010 to give her more 'quality time' with her kids who also lived with us. The relationship continued and I contributed half the payments (£320.00) from then and also my rent on a flat (£600).

She dumped me 3 weeks ago and literally next day has a new boyfriend who is staying there every few days.

We have put the house on the market for £210k but we oringinally said we would accept 200k. She has since said that she is in no hurry at all to move and if it takes a year or two that she will move when she is good and ready!

Thats obviously no good to me as for one I feel I helped keep a roof over her and her kids heads since I moved out in 2010 and I clearly do not want to help pay for her new love nest!

What are my options?

Although neither of us noticed the DoT thing about me paying the mortgage in full, I did pay the lions' share for most of that time although it might be tricky to establish as she paid into the current account also, which then paid her credit card bill etc.

Is there anyway I can stop paying?

Her salary isnt enough for her to qualify for the mortgage criteria on her own.

I feel like I've been completely taken for a ride!!

R

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To check that I've got this right, the asking price for the property is £210K but you would accept £200K. Once the mortgage and the ex's share are paid, that would leave you with 5K to show from 4 years of mortgage payments. If you continue paying half the mortgage for another year, that's nearly 4K more down the drain.

 

My gut reaction is that you have a civilised conversation with the ex pointing out that if you continue paying the mortgage you are effectively throwing money away so either she takes over the payments with the help of the new boyfriend or you will have to consider just stopping paying and letting the property be repossessed. Obviously repossession is the last thing either of you will want since it will mess up your credit file for years and probably land you with a bill for the shortfall as well as leaving her and her children homeless, so hopefully you will be able to reach agreement with her.

 

Over the 'mistake' in the declaration of trust, was it drawn up by a solicitor and if so, what were the instructions you gave over the mortgage payments? Was it intended to be 50/50 and has the ex accepted that it should have been 50/50?

 

Please note that I do not have any specialised knowledge in this area and you should definitely seek legal advice before doing anything drastic.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Yes, thats it in a nutshell really.

Theres not a lot of money coming my way if the house got sold today let alone in 12 months when I've carried on paying for her cosy new arrangement.

I don't remember why that 'mistake' was in the DoT but she will argue now that we were both aware of it, which we were not. But it would suit her arguement at the moment. And yes it was drawn up by a solicitor, who no longer does this sort of thing they just do family law now, not conveyancing. It was really only drawn up to ringfence her initial contribution.

thanks

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