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Buying house off ex - all agreed now ex wanting more money

(9 Posts)
OhWesternWind Sun 31-Jul-11 11:45:52

Split with ex (he left) in January and agreed a price for me to pay him for his share of the house in March. It took me a couple of months to arrange a remortgage/finance due to a low valuation on the house by the mortgage surveyor so I have had to use other money to buy him out, so I am really at my limit. The transfer of equity document has gone to ex's solicitor for him to sign but have just received a letter from his solicitor (which probably crossed with the ToE document) basically reopening negotiations on teh price, asking for valuations, mortgage redemption figures etc.

I have an e-mail and also a signed statement (signed by both of us) from ex saying he agrees to the initial price.

Is there any way I can a) hold him to the initial price and b) get him to sign quickly? It is costing me money every month I am on the current mortgage deal (a significant amount) and there is no way I can raise more capital to increase the sum paid to him. The sum is 50% of the equity in the property after the mortgage is paid based on the mortgage surveyor's valuation. Obviously this is a proper valuation rather than an estate agent one, so I can't see what he is hoping to gain here unless a few extra hundreds as the redemption figure will have gone down a bit as I've been paying the mortgage off on my own since Jan. He has paid exactly nothing.

Any help really appreciated as I am getting worried sick about this, can't sleep. Thank you!

OhWesternWind Sun 31-Jul-11 11:56:36

Sorry, should say that we were not married in case that affects anything.

We had (still have) joint mortgage with both our names on it.

Collaborate Sun 31-Jul-11 15:48:53

You need to see a solicitor to take detailed advice over this.

babybarrister Sun 31-Jul-11 19:03:17

Message withdrawn at poster's request.

sneezecakesmum Sun 31-Jul-11 23:07:03

Any mortgage payments you have been making off the capital (not the interest) should be credited to you since the date he left. Has your solicitor taken that into account? Your ex is not liable to pay any mortgage payments because he has not had the benefit of the property, therefore half the interest payments you are making is 'nominally' credited to him as 'rent'.

I'm sure your solicitor will write back to his solicitor trying to hold him to your original agreement, and hopefully they will succeed, but to pursue this legally would be quite costly and time consuming. Would the new valuation be any different from the original one?

mumblechum1 Sun 31-Jul-11 23:20:27

Actually sneezecake, that's not correct. Both parties are liable to pay the mortgage until such time as it's transferred into one name, however often couples will come to an agreement that the one left in possession will make all the payment.

So far as the lender is concerned however, the contract is with both of them and if it goes into arrears, both are liable to pay.

Collaborate Mon 01-Aug-11 07:12:12

The original agreement to buy him out is not enforceable. Any contract for land has to comply with the law of property act and be signed by you both.

babybarrister Mon 01-Aug-11 15:21:44

Message withdrawn at poster's request.

sneezecakesmum Mon 01-Aug-11 22:16:06

They are certainly both 'liable' from the mortgage providers POV but in reality who's going to enforce it? If it went to a court surely the nominal rent agreement would be enforced? Can't imagine a court making an ex partner pay half the mortgage to a house he has no access too, plus paying somewhere to rent for himself. (Speaking from bro in laws recent experience in very similar circumstances - its what his solicitor has said). Hopefully the OP would not allow arrears to build up and risk losing the house?

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