to think I can still get half (or more than half) of the house?

[bakabakabeyond]

Split up with my ex in march. Not married and have a 1 year old who he hasn't seen due to domestic abuse. Both names on the mortgage. He's been living there and paying the mortgage solely for the past year. I have not contributed. Am I right in thinking that I am still entitled to half even though I haven't been paying it or living there? My name is on it and I own 50%. His solicitor arguing that I am entitled to far less. I don't have solicitor at the moment as I have no money. Usually I would look at doing what is fair but as he was incredibly abusive, emotionally, physically and sexually, I couldn't care less and want to get as much as I can for my son. Can't contact him directly as there's a restraining order in place. Can anyone advise or speak from experience?

[kateandme]

such lovely and clever responses.people are trully good sometimes.
sorry off topic

[Osirus]

And also, you must do a will and change the tenancy to tenants in common if it is currently joint, otherwise he will automatically inherit your half of the house if you die.

[BlouseAndSkirt]

Ido agree you need legal advice:

Get together as much of all this info as you can.
Explain your situation.
Ask if the solicitor can get you the result you want
Ask for a ballpark figure
See if a solicitor will wait until you have the money for payment.

[Osirus]

I meant to say if the restriction is not there you will be joint tenants.

[Osirus]

If you manage to get a copy I’m happy to have a look for you. I register these restrictions as part of my job.

[BlouseAndSkirt]

"t may not be long before he starts seeing that it might be cheaper for him to to get together with you and agree a fair solution"...apart from the restraining order....

But I agree - lots of letters to his solicitor.

"Dear Solicitor,

Can you please lay out a detailed explanation as to why your client believes that the divison of the proceeds from the sale of the house should be less than 50/50? Please provide all financial statements that pertain to the deposits, payments of mortgage, since the purchase.

Please ask your client to forward a copy of the purchase contract for the house and all associated deeds. You will appreciate that since there is a restraining order against him I am not able to retrieve these documents from my house or ask him directly.

I do have my own evidence of all my payments in respect of the deposit and mortgage payments up until the time I was forced to flee the house with my child. I have been providing a home for our joint child since XXX.

I look forward to your response.

Bakabaka"

DISCLAIMER I am not a lawyer and have no proper experience, except buying a house when not married.

[Osirus]

OP, you don’t need to speak to a solicitor to find out how you hold the property. Go to the Land Registry website and you can purchase a copy of your Title Information Document, or Office Copies, which is basically in simple terms the “deeds”.

It will have what they call a restriction in the Proprietorship Register under your names if you are tenants in common. The wording is something like:

“No disposition by a sole proprietor...” etc.

It costs £3 or £4 for a copy.

[Ferretyone]

@bakabakabeyond

You must get proper legal advice with all the documents relating to the house for example.

Please.

[BlouseAndSkirt]

On what grounds is he arguing (via his solicitor) that you should get less than half?

Is he trying to sell, or are you wanting him to buy you out?

Is his solicitor aware that there is a restraining order in place?

[pascalstriangle]

If you aren't paying a solicitor but he is, you could very easily suck his funds dry by corresponding with his solicitor yourself and ballooning his bill. While you are doing this, start working on saving for your own solicitor for a consent order. It may not be long before he starts seeing that it might be cheaper for him to to get together with you and agree a fair solution.

[BlouseAndSkirt]

deefano2 Go to the Talk Menu, that lists all the Talk Topics. Look at Body and Soul. Click on 'Relationships'.
Under teh heading 'subject' you will see 'Start a new thread on this topic'. Click that. Put 'Help. DH kissed another woman at works do' in the subject line. In the box copy and paste your post from this thread, or explain what happened and how you feel and what advice people would give?

[JavaQ]

A valuation by an estate agent will be higher than a valuation by a surveyor.

Get yourself 3 valuations from 3 estate agents.

[bakabakabeyond]

I haven't had to rent somewhere. I've been living with my dad as I can't afford to get a deposit on a place until I get the money back from the house. I am saving everything I have to pay for a barrister for a fact finding hearing as he wants to see his son. Courts so far have said no and that it's not safe for him to be in his care. I just want to move on and not be screwed over by the man who abused me for years.

[BoomBoomsCousin]

BlouseAndSkirt - Thanks. I had skipped over that detail. Sorry OP, ignore my last I don't think you can get more than 50% if you aren't married but definitely stick with 50%, don't accept his paying the mortgage as him "buying" more of the house - you've had to rent somewhere while he enjoys the use of it.

[dontalltalkatonce]

Good luck with that! I have a mate, 26 years married, he's royally fucked her over, the only control he has left is their house, and believe me, he's milking it for every penny! He was financially abusive. And it went to court. Good luck, but not married? You're going to need that luck, sadly. It took her 3 years to even divorce that cunt.

[Witchend]

Genuinely, I have nothing month to month.

If that's the case then will you be able to get a house, even a do-it-up?
You may need to claim more than 50% to get even a small place.

[BlouseAndSkirt]

Boom - they are not married.

OP - maybe talk to the CAB?

I do not see why he would be entitled to more because he has been paying the mortgage because he has been living there, in your shared property, and there, and you have had to pay for accommodation elsewhere.

How many years were you paying the mortgage together?
Have you got evidence that you paid over the time you were there? Was the property bought as tenants in common or joint tenants?
If joint tenants he can't sell without your agreement anyway, so you can hold that over him.
It may be that you can get a lawyer who wouldn't need to be paid until you received the money from the house - in which case the investment in the lawyer could be money well spent. Can you talk to a couple of lawyers about whether they would take your case and how much work it would need? the famous 'free 30 minutes' is a bit of a myth it isn't a right and not all lawyers do it, but it could be worth presenting the issue to a lawyer, asking about your chances of success and how much it would cost you to fight it though them.

To be efficient you would need to be able to give them the answers to questions above, and probably more.

[PlanDeRaccordement]

If the house is valued for less than owed on the mortgage then you get to keep 50% of the debt remaining after sale proceeds deducted.
Not good for either of you.

[Blueopal15]

Go on the sold house prices section of Rightmove and look at what’s sold in your street recently - should give you an idea - I’d be a bit wary of zoopla .

You need to look at a copy of the deeds which will tell you how you hold the property ... you can buy a copy direct from The Land Registry ...google online . Everything is subject to negotiation though ... if you want more than £6000 ask backing up your argument with evidence.

You also really need a will - what you find on the deeds will impact this though and I wouldn’t recommend you try and do that yourself .

You really need some legal advice

[Quartz2208]

estate agents inflate prices they want to sell for as much as they can to get commission

[Queenie8]

You need to check with the solicitors who carried out your house purchase whether you are tenants in common or joint tenants.

There will need to be three separate valuations of the property. Most estate agents will do this free of charge. Be honest with them as to why you need the valuation. It will help.

Good luck

[bakabakabeyond]

Yes my name is on it. We are 50/50 owners

[rhubarbcrumbles]

Do you have your name on the title deeds to the house?

[kateandme]

have you tried refuge.they have been said to help with legal advice?