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Unmarried couple with kids separating - need advise on property pls

(2 Posts)
Itsmiracle Fri 29-Apr-16 10:03:51

Hello. I have a delicate question. Me and my partner have recently separated. We have three kids together. A few years ago we purchased a house. He could not go on the title or the mortgage agreement because he was not working in the UK. He paid some money towards the deposit. With the situation as it is now, I have proposed to pay him that money back, but he refuses and wants to have it registered somehow on the paper. Something to also bear in mind is that he has given the money towards the deposit to me (the mortgage provider has requested that). He has written / signed the letter highlighting that he gives the money as a gift towards the deposit. The letter also said that it will be non-refundable and he will have no interest in the property. My questions to those who has the legal knowledge is does that letter have the legal power ? If not, what would be your advise that I have to do now ? I would like to avoid him coming to the house as freely as he did in the past.

Collaborate Fri 29-Apr-16 11:09:04

Well, normally a mortgage lender just wants the non-earning occupier to sign a waiver so that they cannot frustrate a claim for possession by the lender. I've not before come across such a detailed letter, which goes beyond merely declaiming an interest when it refers to the deposit contribution as a gift.

Was it understood between you both that he would have an interest on the property notwithstanding the letter? If so, he may have an interest, worth possibly the % of the house his contribution paid for, or the amount of the contribution, or a different amount (depends on the whole course of dealings between you both, which a court would look at).

He won't be allowed to preserve his interest in the property (if he has one) if you can buy him out now. If you can't buy him out the court has the power to delay him realising his interest, but you would need to get some formal legal advice if you were contemplating this.

If you do end up buying him out make sure that your solicitor ensures that the agreement properly records what it is he's being paid for.

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