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?

[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.

[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.

[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.

[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.

[JavaQ]

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

Get yourself 3 valuations from 3 estate agents.

[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?

[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]

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?

[Ferretyone]

@bakabakabeyond

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

Please.

[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.

[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]

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.

[Osirus]

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

[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]

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.

[kateandme]

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