Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
messolini9 · 30/11/2019 13:52

Apologies OP - caught up with updates now.
Living rent & mortgage-free, off you, for 2 or 3 years then?
Surely half the cost of those payments should come off any settlement you finally make?

PippiDeLena · 30/11/2019 14:24

Not a lawyer but surely the fact that you had other property agreements with him in the past, that he signed, profited from, and never disputed, would show that there was prior agreement about the profit split? i.e. He can't claim to be a clueless bumpkin who's never seen a contract before.

Good luck Op it must be scary, especially when your opponent is obviously willing to die on this hill, but he's just a bitter chancer.

CastleCrasher · 30/11/2019 14:30

Who, if anyone, is actually in touch with you at the moment about what he wants? The brother?
I'd just ignore until I heard from his solicitor, at which point I'd refer back to the October 2018 offer. Although if he's registered as a mortgage, can't you just pay the 35k and therefore release the mortgage? You may be able to get a loan of you can't mortgage - even at the higher interest rate it should cost less than the alternatives

Baabaablackshee · 30/11/2019 15:45

@messolini9

Apologies OP - caught up with updates now.
Living rent & mortgage-free, off you, for 2 or 3 years then?

messolini9

Apologies OP - caught up with updates now.
Living rent & mortgage-free, off you, for 2 or 3 years then?

He paid £700 a month whilst living at the house.

OP posts:
Baabaablackshee · 30/11/2019 15:47

@CastleCrasher
Can't you just pay the 35k and therefore release the mortgage?

No, he would have to sign a mortgage release form and he is refusing to do that. But I will look into getting a second mortgage.

OP posts:
Perunatop · 30/11/2019 15:55

Cut your losses and give him the £70k rather than prolonging the case and possibly incurring larger legal fees. His argument does have some validity.

Baabaablackshee · 30/11/2019 16:02

@Perunatop

Cut your losses and give him the £70k rather than prolonging the case and possibly incurring larger legal fees. His argument does have some validity.

I'm already about £10k in I'm legal fees. I have a strong case and the hearing is due in May next year.

There's a big jump between him having some of the liberty and me effectively giving him £35k.

Maybe it's just pride stubbornness anger or a combination of all three but I bitterly resent having to to give money to someone who who has no right to it.

On the other hand the matter is quite stressful.

OP posts:
Perunatop · 30/11/2019 16:14

Without giving details my suggestion was based on a friend of a friend's experience but the circumstances were not exactly the same. Both parties told they had a good case by their legal advisers but ended up settling on the court corridor on the day. But it is just a suggestion and I can understand why you don't want to do it.

AnotherEmma · 30/11/2019 16:34

I would be more inclined to settle if the fucker had bothered responding to any of the offers.

BrickTop999 · 01/12/2019 09:33

Im not sure how old you are but Nationwide do mortgages for over 55 called Later Life mortgages. No payments ( dont recommend ) interest only ( ok but best to try and pay some back ) and capital and interest ( best )

notapizzaeater · 01/12/2019 09:53

He's a cheeky fucker -

New posts on this thread. Refresh page
Swipe left for the next trending thread