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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to take my ex to court over the house?

61 replies

Baabaablackshee · 30/11/2019 07:33

We were together for seven years, never married no children. Bought and renovated a house which is now worth £700k. House was in joint names although I had paid for everything, except £35k which he spent on renovations. He was going to get a mortgage to pay for his half of the house but then he got made redundant.

When we split last year the house was transferred back into my sole name. I couldn't afford to pay him the £35K at the time as I didn't have a job so the money he paid was registered as a mortgage to him at the Land Registry. I drew up the documents but they were witnessed by a solicitor.

I now have a better job and want to remortgage but he won't agree. He's arguing that he signed the documents under 'duress and deception' and he now wants £70k in order to release the mortgage.

I have taken him to court, the case has been dragging on and will be heard next May. Both sides legal costs are likely to be around £40k which the loser will have to pay. My solicitor reckons that his 'duress and deception' argument is pretty weak and as the house is now legally in my name he doesn't have a strong case. But judges can sometimes be unpredictable.

It will mean selling the house and downsizing but I could afford to pay him the £70k and if I lose the case I might end up paying more than that.

AIBU to continue the court case or should I just take the hit and pay him off?

OP posts:
AnotherEmma · 30/11/2019 08:37

Definitely shop around. I find it strange that with such a low LTV ratio you wouldn't be able to get a mortgage for up to £70k. Of course it depends on your salary and age.

Original poster
Baabaablackshee · 30/11/2019 08:39

@BrickTop999

Was he legally represented when he signed to accept the £35k ? That would be the start point for me

He was not legally represented although I suggested at the time that get a lawyer. He didn't want to spend any money.
The solicitor should reply. If he’s not in funds and doubts he will be, then they should take themselves off record at court

That was a lot of work to his house. Did he contribute in labour ? Organising tradespersons etc ? Did he contribute more than just money?

The project two years start to finish. I worked on it full time (that's why I didn't have another job). Although after he was made redundant he he did help manage the trades people, he did not put in any actual labour.

OP posts:
Original poster
Baabaablackshee · 30/11/2019 08:42

@surlecoup

Your debt to him is officially registered as a mortgage and the house is in your name. Then surely you only owe him that and he has no other legitimate claim. After all the bank doesn’t get a cut of the growth when the mortgage is with them!

Exactly!

That is clearly the legal starting point. He is arguing however that the documents he signed to put the house into my sole name should be null and void because he did not understand what he was signing, or alternatively I deceived him into signing the documents.

It's a pretty weak argument because he is a well educated man with a degree etc, but my solicitor says there is a slim chance that a judge might accept his argument.

OP posts:
AnotherEmma · 30/11/2019 08:46

You advised him to consult a solicitor and he didn't.
Was that a verbal conversation or in writing eg email/message - something with an evidence trail?

Beveren · 30/11/2019 08:55

Not an expert on this, but there's a procedure where you either pay money into court or make a formal offer in specific terms, and if he refuses to accept the offer and ultimately wins the same as or less than the offer, he is liable for all costs from the point you made the offer. Has your solicitor discussed that possibility with you?

Fr0g · 30/11/2019 09:06

and he lived in your house rent free aside from £7,700 over 7 years?

GruffaIo · 30/11/2019 09:07

@Beveren - Part 36 offer.

Original poster
Baabaablackshee · 30/11/2019 09:09

@GruffaIo

@Beveren - Part 36 offer.

Sent one to his solicitor in October 2018 - no response to this day!

OP posts:
Original poster
Baabaablackshee · 30/11/2019 09:10

@Fr0g

and he lived in your house rent free aside from £7,700 over 7 years?

We've been in a relationship for 7 years. The house in question was bought in October 2016, we split up in February 2018.

OP posts:
Original poster
Baabaablackshee · 30/11/2019 09:14

I don't want to drip feed but I feel he just wants to keep arguing with me rather than actually settle the case.

He didn't want the relationship to end and and once this case is finished he will never have any contact with me again.

Sent a £45,000 part 36 offer to his solicitors in October 2018, got no response. I've informally up to £50k via his brother still no deal.

OP posts:
Original poster
Baabaablackshee · 30/11/2019 09:16

@AnotherEmma

Definitely shop around. I find it strange that with such a low LTV ratio you wouldn't be able to get a mortgage for up to £70k. Of course it depends on your salary and age.

Been communicating with (yet another) broker this morning. Might be able to get an interest only mortgage for the 70k.

OP posts:
Original poster
Baabaablackshee · 30/11/2019 09:23

@AnotherEmma

You advised him to consult a solicitor and he didn't.
Was that a verbal conversation or in writing eg email/message - something with an evidence trail?

Verbal convo only. Nothing in writing to prove that I advised him to consult a solicitor and he didn't.

We were arguing a lot at the time.

My solicitor says his lack of legal advice is not pivotal. It depends on whether he had the the capacity to understand what he was signing.

We've done four deals like this in the past (I paid for the purchase he contributed to renovations and took a share of the profit). We had signed agreements between us to cover previous deals and he never took any independent legal advice on any of those agreements. He's not challenging the validity of any of those previous agreements because he made money on all of them.

OP posts:
Hepsibar · 30/11/2019 09:27

I think he will be happy you have to pay legal costs he is trying to make it as difficult, time consuming and expensive and I think will be prepared to cut off his nose to spite his face but are you?. Will the legal costs plus the £35 amount to more than £70 do you think?

Just double check before deciding.

Fr0g · 30/11/2019 09:28

sorry - misinterpreted that bit! - but the intention at the outset was that he would take out a mortgage to pay for his share of the house - if he'd done that, presumably you wouldn't have needed the £35k towards the repairs.
You are where you are with the £35k, I just found other posters factoring the £7k back into what he is "owed" a bit odd - although I do get the paying a bit over the odds to shut him up & resolve things out of court - but if you've offered £45k formally, and £50, it seems like you've already done that.
Goog luck with it all, hope that it goes your way.

AnotherEmma · 30/11/2019 09:28

The more you say the more I think you have a strong case. You have tried to negotiate, you've made offers, and he has completely refused to engage. It's therefore his fault that you have continued to incur legal fees and will be going to court. I don't think a judge will be impressed by that and I think he will be ordered to pay the fees.

Original poster
Baabaablackshee · 30/11/2019 09:41

@Hepsibar

I think he will be happy you have to pay legal costs he is trying to make it as difficult, time consuming and expensive and I think will be prepared to cut off his nose to spite his face but are you?. Will the legal costs plus the £35 amount to more than £70 do you think?

I think he is definitely prepared to cut off his nose to spite his face. I'm not sure how much more I want to pursue this but also don't want to to just give him money he is not entitled to.

The worst case scenario is that if I lose I will have to pay in the70k he is asking for plus 40K legal costs (£20k each) total 110k. But I have a strong case, so I don't think I will lose but you never know...

OP posts:
justilou1 · 30/11/2019 10:17

An assassin is probably cheaper

Original poster
Baabaablackshee · 30/11/2019 13:02

@justilou1

An assassin is probably cheaper

But slightly less legal Hmm

OP posts:
HigherFurtherFasterBaby · 30/11/2019 13:10

I would absolutely go to court, the cheeky fucker.

My Dad was all ready to pay his second ex wife when I (at 16, so obviously very wise) told him that if he gave that bitch anything else then I wouldn’t speak to him any more Grin No DC between them. House was my childhood home. That my Great Grandparents bought for my parents; it never had any mortgage on it. She paid fuck all to it, my Dad was selling up to move to the coast. She wanted 50%.

She got... Fuck all.

LadyMacbethWasMisunderstood · 30/11/2019 13:19

This is very specialist law governed by the body of case and statutory law that collectively is called TOLATA (trusts of land and appointment of trustees act). You really to be guided by your solicitor on your prospects of success.

maddening · 30/11/2019 13:29

So he put in and "risked" 6.25% of the cost, therefore you could suggest that he should receive 6.25% of the profit which is just under £9k.

maddening · 30/11/2019 13:30

So his £35k plus & £9k share of profit.

Original poster
Baabaablackshee · 30/11/2019 13:39

@LadyMacbethWasMisunderstood

This is very specialist law governed by the body of case and statutory law that collectively is called TOLATA (trusts of land and appointment of trustees act). You really to be guided by your solicitor on your prospects of success.

You're absolutely right and my solicitor says I have a strong chance of success but has also encouraged me to settle if I can as long court cases are very traumatic.

OP posts:
Original poster
Baabaablackshee · 30/11/2019 13:40

@maddening

So he put in and "risked" 6.25% of the cost, therefore you could suggest that he should receive 6.25% of the profit which is just under £9k.

I've already offered in that, it amounts to £45k and he's turned it down.

OP posts:
messolini9 · 30/11/2019 13:47

PS the £70K represents half of the profit from the renovation which he feels he is entitled to.

Does he indeed.
"Entitled" to profit from a house which - if I have read your OP correctly? - he lived in & benefitted from for 7 years without ever paying a penny of the mortgage?
How about you ask ex for 50% of the money you have put into repayments? What does your solicitor say about this angle?