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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

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

67 replies

bakabakabeyond · 11/12/2019 14:42

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?

OP posts:
Ponoka7 · 11/12/2019 15:38

"What if the house comes back valued at less than what we bought it for?"

He'll still have to buy you out. I have known the situation were a 'charge' is put on the house, so if he ever goes to sell etc, you get your share. But, as said, he will probably avoid that, as you may end up with more.

Original poster
bakabakabeyond · 11/12/2019 15:38

I've been to my local women's aid and law service. But not about this. Trying to get child arrangements out of the way first!

OP posts:
Ponoka7 · 11/12/2019 15:38

Are you getting maintenance?

Mummy0ftwo12 · 11/12/2019 15:38

there are a couple of online tools you can use for valuations, I think Halifax have one, where you put in what you paid for it and when and it calculates the current price - that might give you an idea of the current value.

Original poster
bakabakabeyond · 11/12/2019 15:38

I am getting maintenance. It's a pittance but yes.

OP posts:
Sirzy · 11/12/2019 15:39

Have any similar properties near by sold recently? Have a look at what they went for to get a rough idea of how value may have changed, or ask an estate agent to do a kerbside valuation - ok it won’t be perfectly accurate obviously but will give you an idea

LemonTT · 11/12/2019 15:39

If it sell at a lower value then you get half the lower value of equity. Research the sale values of similar houses. Get an estate agent valuation of your own.

Fightingmycorner2019 · 11/12/2019 15:41

Get your maths accurate and all timelines and leave it to a Soliciter
My guess is you get 50% less your unpaid
Contribution ?

Well done for getting rid

Ponoka7 · 11/12/2019 15:42

Then ask them for advice and possibly look up DV Services.

You are entitled to be bought out.

MummyJasmin · 11/12/2019 15:44

Look on Zoopla to get an estimate from houses sold on your road.

Original poster
bakabakabeyond · 11/12/2019 15:45

I'm worried he would get someone to value it and would stand there pointing out all the awful things about it in order to reduce the value.

OP posts:
Original poster
bakabakabeyond · 11/12/2019 15:45

Zoopla and other sites say that the value had gone up by around 11k. Not sure how accurate they are though.

OP posts:
BoomBoomsCousin · 11/12/2019 15:54

If you have DC who are living with you I might try countering with a claim for more than 50% as you require more in order to provide a reasonable life for your mutual child. Divorces with children involved frequently grant more than 50% of the assets to the residential parent in order to ensure a reasonable life for the dependent. But you really could use proper legal advice (which I most certainly am not). Go back to Women’s Aid if you can. As well as asking for advice on this matter you could ask them if they know of ways you might be able to afford a solicitor (deferred fee or something? Or maybe he can be required to provide money, when my brother divorced he was required to pay for his wife’s legal advice as she had no income. Not sure of the details, though.).

FreedomfromPE · 11/12/2019 16:03

You can insist upon a valuer of your choosing if you think it is deliberately suppressed

Original poster
bakabakabeyond · 11/12/2019 16:05

I've just phoned the bank and they can't tell me if I am a joint tenant or tenant in common. Said I will need to speak to my solicitor 🤷‍♀️

OP posts:
kateandme · 11/12/2019 16:07

i cant ofer any good advice.but i just wanted to say im sorry for what you went throguh and now still having to go through to be fre of this dick.but well done for doing so!!

i know it might not work but could someone you know.a ma friend or your dad go to the house when someone could value it.that way you could get a proper valuation.

kateandme · 11/12/2019 16:10

i this something a DV charity could help you with,talking to the bank to allow under these circumstances for you to access those records?

kateandme · 11/12/2019 16:15

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

rhubarbcrumbles · 11/12/2019 16:17

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

Original poster
bakabakabeyond · 11/12/2019 16:18

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

OP posts:
Queenie8 · 11/12/2019 16:25

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

Quartz2208 · 11/12/2019 16:26

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

Blueopal15 · 11/12/2019 16:31

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

PlanDeRaccordement · 11/12/2019 16:32

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.

BlouseAndSkirt · 11/12/2019 16:34

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.

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