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Ex partner wants me off the deeds


dee84
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Hello,

 

My current situation is

my ex partner wants me to come off the house deeds for a 6 thousand pound payment to my mother.

 

we purchased the house together with help from my mother and his family relative.

 

he is saying we get the house valued and any money we would be due to split 50/50 he wants his sisters money,

 

money he invested into doing the house up and will give my mum 6 k and then I will come off the deeds.

 

This seems like I am losing out massively as he will have the whole house for 6k and also all his debt paid off, leaving me with nothing.

 

any help on this is appreciated as it doesn't semi fair and he is trying to rush this through.

 

he is pretty scary to stand up to so trying to know my rights really.

thank you

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You may be entitled to a bigger share so that makes sense not to remove your name. Has the property been valued recently?

 

Can you please provide more history. Like what your contributions were and so on..

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Does he intend to stay in the property ?

 

How long did you contribute to the mortgage ?

 

IMHO, the house should be valued by at least 3 agencies - so you obtain a fair valuation.

 

Your Mother and the Sister should have their contributions returned.

 

Then you need to sit down and talk about a fair split of the equity.

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Thank you for your replies, when we purchased the property we borrowed 15k off his family member and 9k off mine, I work part time as we have children which I stayed home to look after, and was putting 500 into the bills whilst he was putting 600 in.. he was paying the borrowed money back.

I've made arrangements for the property to be valued.

he intends to stay and do it up then sell it I believe.

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I would consider whether or not having a huge financial tie to this could end up being a lead weight around your neck at sometime. Maybe consider does he have the authority to sell it from under you at all?

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The starting point is to work out how much of the equity you believe belongs to you.

 

Do you remember whether the property was registered as a 'joint tenancy' or 'tenancy in common'? If not, it was probably done as a 'joint tenancy', in which case your fair share of the property would be 50%.

 

He can't sell from underneath you, as you'd both need to approve any sale, so don't feel rushed into anything you aren't happy with.

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The OP can get a s.14 order ToLATA 1996 to stay in the property as can he mother. It will also depend on the reason for JT in the first place as to whether a judge will order a sale given the land protects other interests, ie people who have proprietary interests. It would be foolish if the op were to do what her ex husband is asking her to do. Her mother's interest should be protected too.

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The Op already has the right to live in the property as she is a co-owner, so I don't think it is necessary for the Op to apply for a court order.

 

If anyone were to apply for a court order under TOLATA I would have thought it would be the partner, as he is the one who wants to sell the property, but absent a court order he cannot sell without the Op's consent.

 

If the property is to be sold, it would be more sensible for the Op and her partner to agree on how the equity should be split, reflecting the contribution of both sides to the deposit and mortgage repayments, it sounds like this would end up roughly 50/50.

 

I don't think the mother has an interest in the property. Money provided by a parent is usually deemed to be a gift, unless there is evidence to the contrary, under the presumption of advancement. Also, it sounds like the property was bought with a mortgage. These days lenders verify the source of funds for the deposit as part of their anti money laundering checks. If part of the deposit has been gifted by a third party such as a parent, the parent will be required to sign a letter confirming that the money is a gift and disclaiming any interest in the property.

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