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Trying to buy out ex from property and he’s refusing to cooperate

32 replies

Mango85 · 05/03/2021 17:59

Hi there, I’m really struggling with dealing with my ex. We broke up seven months ago and I’ve been living in the property we bought together and I would like to buy him out which I should be able to afford. Our situation is that I had some family money when we bought the house and also had just started a business so didn’t qualify to go on the mortgage. The mortgage is in his name as is the house but I own more than half the house through the capital I put in which we have a declaration of trust for. I then put further money in for a loft conversion which he didn’t contribute to and we don’t have a declaration of trust for. Now he’s refusing mediation and threatening to default on the mortgage. He lost his job a year ago and his idea of contributing to our daughter is the petrol he pays for to visit her every other weekend and him paying for the mortgage despite me making an offer that I thought was reasonable to buy him out last August.

We only restarted conversions about the buy out recently and it seems like he is trying to discredit the declaration of trust and seems to want half of the equity I put in. He’s also refusing mediation. I took an ex to small claims court before and my feeling is that I’m going to have to go legal with my ex as our viewpoint is so far away from each other’s I just can’t see us resolving this between us and I think it will really damage our relationship. We actually get on okay if we avoid talking about anything stressful. He’s a bit unstable and I do feel a bit sorry for him but at the same time, he left me, barely looks after our daughter and I don’t feel he should financially benefit from our relationship apart from through the investment he made in our property and being paid a fair price for it (we were not married). Can anyone offer any advice on how to move forward. Would an order for sale work although I don’t want to sell the house, I just want to buy him out. Apologies if this is not the right thread. Got a bit confused trying to post a thread!

OP posts:
TestingTestingWonTooFree · 06/03/2021 19:58

Go and see a solicitor. Find one who claims to do TOLATA.

As far as the £80k is concerned, you might not have trust documents, but do you have a paper trail for the money? Do you have texts/emails between you and him? Do you recall the discussions about the money? This is all evidence (albeit not guaranteed to persuade a court).

Slumpington · 06/03/2021 19:59

Why are people without legal knowledge posting nonsense? She has a declaration of trust, she has an interest.

DelilahDingleberry · 06/03/2021 20:02

Tolata costs - easily £10k. Has cost me nearly £3k just to get an application in. If contrasted likely more than £10k and if you lose, you don’t just pay your costs you also pay his. Definitely get legal advice.

DelilahDingleberry · 06/03/2021 20:02

If contested*

bp300 · 06/03/2021 20:47

@honeylulu

I agree with the poster that says she doesn't have a share in the house

She has a beneficial share held in trust. This is recognised legally. I'm a solicitor.

From what I have read the house is in his name so how is the op able to ensure that he sells his property for full market value so that she gets her money back?
honeylulu · 07/03/2021 00:15

@bp300

This link is a basic summary

hmlandregistry.blog.gov.uk/2016/08/16/legal-estates-beneficial-interests-whats-difference

Although not strictly necessary UP could enter a restriction on the Land Register to alert future buyers and mortgagees (though tbh the fact that she occupies the property is a whopping big clue).

If you want more I can send you my hourly rates 😂

Thisisworsethananticpated · 07/03/2021 00:30

You need a decent Soliciter
There is way too much legal and property stuff for a layman
A decent Soliciter can sort this all out

Wishing you luck and a fairness

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