Entitled or not entitled??

(47 Posts)
Lizzie182046 Wed 12-Oct-16 16:27:09

I was living with my boyfriend for 16 years until he left. He never had his deatails on the mortgage but we went halfs on everything. We never married or was engaged. He probalby paid a little more overall because he earns more than me and he did the kitchen and the bathroom up. I dont earn much. He still pays the direct debits and half the mortgage as he says it is still half his house. Now he wants some money out of the house. Not half but £60k which is well well under half. He has instructed solicitors but I have so far ignored the letters. He now says that if he goes through solictors instead of mediation with me - which I dont want to do - he will go for half as it will cost the same. I dont know if I can actually afford the house on my own, but I dont want to sell, but I can't afford to add £60k to the mortgage. Has anyone got good sound advice for me please

H1ghw4y61Revisited Wed 12-Oct-16 16:44:43

How much equity is in the house? Is the 60k representative of half/less than half of the total value of the house, taking account of the remaining mortgage?

AndShesGone Wed 12-Oct-16 16:45:15

I think you need to know if that £60k is the bargain it sounds. You need to visit a solicitor and get proper advice

Have you checked if you can add 60 to the mortgage? Can you make money by renting a room?

RiverTam Wed 12-Oct-16 16:47:53

He doesn't get a bean, just as if he'd been renting somewhere and left he wouldn't get anything back. If he'd wanted financial security he should have married you.

Lizzie182046 Wed 12-Oct-16 16:48:34

The house is worth over £330k now. so £120k more than when we brought it.

expatinscotland Wed 12-Oct-16 16:50:26

You need to see a solicitor.

wowfudge Wed 12-Oct-16 16:51:04

See a solicitor is my best advice. Unless he paid you rent as his contribution and you have it documented as such then after such a long period of time he is likely to be entitled to a share of the house. You cannot expect to have all the benefit of the improvements and increase of value to yourself. Ultimately you may have to sell, whether you want to or not.

PigletWasPoohsFriend Wed 12-Oct-16 16:52:25

He doesn't get a bean, just as if he'd been renting somewhere and left he wouldn't get anything back. If he'd wanted financial security he should have married you.

No that isn't actually true.

RiverTam Wed 12-Oct-16 16:57:52

Really? That's interesting. Why do so many unmarried women seem to end up with nothing then?

BaronessEllaSaturday Wed 12-Oct-16 17:02:28

Unmarried women frequently don't get anything because they were not contributing or not contributing much. In this case the op states he did up the kitchen and the bathroom and is still paying half the mortgage.

AyeAmarok Wed 12-Oct-16 17:02:53

Well it would be fair to give him at least the 60k, probably half, given that he's been paying for more than half of it for 16 years.

DelphiniumBlue Wed 12-Oct-16 17:02:59

Who paid the deposit?
I think you should see a solicitor asap. It may be that he can claim some sort of constructive trust in his favour, or that by carrying out certain acts he acquired a share.

Lizzie182046 Wed 12-Oct-16 17:04:02

Is there anything I can do to prolong this? I have been told it will go to court. He will go for half if I don't give him £60k. I do know this is cheaper than half and better thn selling but I cant afford to raise the mortgage by 60k. If it goes to court and I have to give half I won;t have a home. WIll this go in my favour? I have no dependents

Lizzie182046 Wed 12-Oct-16 17:06:16

I paid the deposit on the previous house we had. He wasnt on the mortgage for that either. This is such a mess.

AyeAmarok Wed 12-Oct-16 17:06:54

Why do you think it should go in your favour?

Why don't you want to do what's fair and right?

He's paid half. It should be half his.

You were only able to live there because he was paying half. Why do you think he should lose out so you can stay in a home you can't afford.

Floralnomad Wed 12-Oct-16 17:07:27

You need proper legal advice , you have to somehow ,be it sell the house or buy him out , find some way of removing his involvement in the house as he is hardly going to keep paying half your mortgage . If you can't afford the house on your own then it looks like you have to sell .

H1ghw4y61Revisited Wed 12-Oct-16 17:07:52

He has an equitable interest in the property without the necessity of marriage. He has contributed significantly for a number of years and has added value to the property during his period of occupation. Beware of advice that tells you he has no rights and to ignore things. Go see a solicitor, an amicable negotiation in this case may work out in your favour, as if it gets acrimonious it will be in the hands of his solicitor who will push for his full entitlement. Good luck

thenewaveragebear1983 Wed 12-Oct-16 17:09:32

Isn't more to do with the equity in the house? Do you have 120k equity? In which case, he wants half- can you remortgage to release his 60k? You wouldn't have to sell, but you would extend your current mortgage by 60k to give him his half?
If you can't afford to live there alone can you afford the future costs, repairs, maintenance etc. If not, then you need to consider how you will manage in the future.
If there 's no equity then I don't know how you will resolve it, sorry. You might find he does have rights and you may have to sell? Would you expect him to do the same if it was the other way round!

Fairybust Wed 12-Oct-16 17:14:40

Ultimately the court can order you to sell the house the fact you have no.dependant children actually makes it easier for the court to do this.

The court will.imply that a constructive trust has arisen and will.work out what he is due.

Unfortunately legal fees will be high on both sides so agreeing to £60k amd selling the house is probably going to be the cheaper option. Obviously make sure £60k isn't too much but from what you've said it isn't.

Kidnapped Wed 12-Oct-16 17:17:18

Well, it sounds as if he feels that he can prove his contributions to the house. Presumably he paid builders, materials, etc out of his earnings. And he'll have evidence of him paying for house stuff on direct debits/credit cards etc.

Also, you bought the house together even though he was never on the mortgage? Sounds like he paid half from the word go and can probably prove this with bank statements from the time.

"He still pays the direct debits and half the mortgage as he says it is still half his house".

Sounds as if he's taken advice to continue paying for half of everything as that will strengthen his case when it comes to court.

Why do you think he's NOT entitled to at least some of his money back?

See a solicitor, but I suspect that it will be in your interests to offer something.

ShortLass Wed 12-Oct-16 17:20:37

Make sure that the agreement is an end to this so he can't come back and ask for more at a later date.

Much excellent advice above.

Lizzie182046 Wed 12-Oct-16 17:22:12

£60 k is much less than he could possibly get. I have only got about £55k on the mortgage left. There is a charge on the house already because of his solicitor. I keep stalling by not instructing my solicitor, but his is pushing for court. Theres a lot more than 120k equity I think

Lizzie182046 Wed 12-Oct-16 17:23:54

I just cant afford to add to the mortgage and I cant afford the house on my own especially with having to add more to it. Its such a mess

YelloDraw Wed 12-Oct-16 17:25:05

Sounds a mess, sorry. Very stressful :-(

Lizzie182046 Wed 12-Oct-16 17:26:20

Totally stressful. My head is spinning and I cant move forwards

Join the discussion

Join the discussion

Registering is free, easy, and means you can join in the discussion, get discounts, win prizes and lots more.

Register now