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Hi All

 

Bit of a tricky one but looking for advice on the below.

 

Bought a house in 2005 with ex partner (not married) through NRAM, mortgage in joint names.

 

We spilt and she asked me to take over the house in 2007, which I agreed to. Got round to try to complete a change of parties in 2012 once I knew I would be accepted by NRAM on the change of parties as I had a well paid job at this point.

 

Managed to get my ex into the solicitors to sign the transfer of deeds into my name, thought everything was going smothley and thought the change of parties would go through only to find out that my ex had an outstanding loan which created a equitable charge on the property (£13k) so NRAM declined the transfer after all the paper work had been signed by both parties.

 

After failed attempts of trying to bargain with NRAM they refused to complete the change of parties. At this point my ex was unaware that the transfer had not gone through and would be pointless chasing her asking for her to pay it off as I knew she wouldn't have the money.

 

Fast forward to 2016 and after advice and research I realised that the charge should not have been placed on the property only a restriction K. My solicitor has now dealt with this with NRAM and the charge is getting replaced with a restriction and I'm seeking damages from them.

 

The problem now lies back with my ex as I was required to get back in touch through my solicitor and explain that the transfer did not go through in 2012 and I need her to resign documents when required to. My ex has now turned round and refuses to sign saying she owns half the property and wants money from the sale.

 

Bare in mind that when we split in 2007 we were in arrears and negative equity. 10 years on and I got the house out from arrears and there is £40-£50k equity in the house, my ex has not contributed anything towards the property in over 10 years.

 

I know that she is entitled to 50% of the profit as it stands as she is still on the deeds but would I have a case that she received nothing from the sale of the property if we got as far as court giving the fact that she was willing too and did sign paperwork for the house to be transferred over to me in 2012?

 

The only reason she has refused to sign over now is because she has seen it up for sale and knows how much equity is in the property.

 

Any legal advice on this would be very helpful.

 

My solicitor seems very slow and is trying to put pressure on her but not sure if it will work.

 

Regards

 

Mark

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Jointly owned property still and therefore i am not sure you can do much to stop her being entitled to 50% of any money left after mortgage and costs repaid.

 

I would think that if your Solicitor thought it was worth asking a court to review this, that they would have suggested it. But it might be that the cost and time involved makes it not worth it. You were not married, but there is probably a court application that can be made to ask for any financial relationship to be ended on fair terms based on contribution.

 

Others on this site are more versed in legal matters and you might get other responses.


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well, an accountant will be able to prove she owes you money from all of this but that is not the same as prsuading a judge that you should get ebverything. getting them matter to court and then a bit of horse trading before the hearing is usually how people sort this out. If she ever wants a mortgage then she will be willing to stop the silliness.

Shhe is not entitled to a share of the profit, her entitlement will depend on the type of tenancy you have on the title, either tenants in common or joint tenants. Again, that may make a difference to what you seek from NRAM with regard to your lost opportunities.

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So whats happened about......

 

" ex had an outstanding loan which created a equitable charge on the property (£13k) "

 

Has she paid it ?

 

Even a Restriction will require settlement at some stage.

 

Andy


We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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