To expect my ex to relinquish his share in my property?

[shprinkle]

I bought a house with my ex partner last year. He moved out after 2 months and I have continued to live in the property. I’m paying 100% of the mortgage, and he’s now renting somewhere. Initially I thought I’d probably sell the house as I didn’t think I could take the mortgage on solo, so I told him that but now I’m considering selling my mortgage free rental property and keeping this house instead…

He isn’t happy about this and is requesting that I either buy him out or sell the property. The thing is, he has no equity in the house! I paid the whole deposit, fees etc and he only contributed to 2 months of mortgage payments so it seems wild that he thinks he should be entitled to any sort of pay out?! We’re 50/50 owners on the deeds, both on mortgage, no kids and not married. AIBU to expect him to relinquish his share if I decide to take over the property solely in my name? Will probably be getting solicitors involved next, but I have no idea if my expectations are wildly unreasonable or if his are!

You are not unreasonable but you have been stupid.

Unlikely he will do it if his name is on the deeds.

I recently went through this with a solicitor (to protect my deposit) and they advised even if we were '50/50' but it had been demonstrated that one party hadn't been paying their 50% for a substantial amount of time then it can be challenged.

Unfortunately for you the fact your deposit is not protected and you are both as 50/50, I don't know where you stand on it. But best of luck, hopefully your ex does the right thing.

Would he take 10k the equity split and keep your deposit safe. If he would I would just offer him that to take him off

Morally, you should I refund his mortgage payments and he should sign the house have to you as he moved out.

But legally, sadly unless you have a deed of trust then you're absolutely screwed over and he now has the rights to half of your deposit. My friend had 60k legally 'stolen' from her by an ex by doing this.

You're probably going to have to make him a much better offer that refunding his mortgage payments to make him go away

This

I would also try this as a starting point. Plus add a few thousand in the mix.

Can you just offer his 2 months mortgage payments back. Yes it's unfair but it might be the cheapest easier way long term

I dont think the legal system works that way, I am very surprised anyone thinks it does

I walked away from our home with nothing. Ex paid 30k deposit and I told him he should protect that, so we did a 60/40 share. I always paid 50% of the mortgage though, apart from 6 months when on unpaid mat leave. He also paid off 60k whilst I paid for everything for the DC, and most of the food shop. I could have taken 40% of that 90k. House had only gone up 10k max in value and he paid off my 5k credit card debt before we took on our mortgage. I probably was stupid, but I’ve always been financially independent, and I hated that house with a passion. Your ex is awful if he takes half your deposit. If he asks again, i’d ask him to clarify what he means as you paid the deposit, see if he says I want 50% of that. Bad if he does, but always always protect what you put in as so many relationships break down.

You need a good property lawyer to represent you. I think because he hasn’t paid the mortgage you have a good case but I am just a legal assistant so I am not sure how much he is entitled to

How did you go with this OP? After getting advice

He’s not profiting from the breakdown of your relationship he’s profiting by being a home owner and the deeds to a house

I agree with this approach. This seems fair and hopefully a free £10k will get rid of him.

You're going to have to give him something so I'd just offer him an amount which you can afford.
Remind him about the deposit, who's been paying the mortgage and the hefty early repayment charge, EA fees etc if you have to sell. Do that on a take or leave it basis. I'd do this without involving a solicitor right now because if you get legal then he will get legal and maybe realise he's owed more. This way you've reminded him of all the costs involved but he's got something.
I know it sticks in your throat. I had this years ago and I'd paid more deposit etc but had to buy out my ex and give him basically.half the deposit. The nice thing was a few years later when I sold the flat it shot up in value so I more than made it back!

Try and negotiate with him informally. Legally, he's entitled to 50% equity and the legal costs you'll pay arguing about it will soon run into the £1000's.

I was in a similar position years ago except my ex and I contributed to the deposit (almost evenly) but upon getting the mortgage he almost immediately lost his job and did not contribute to the mortgage and bills until we split/ he moved out two years later. Our situation was a little different as we had a Trust Deed setting out what we’d contributed and our obligation to pay the mortgage and bills, but at the time (at least) I was told there was no hard and fast rule this would be enforceable. I felt he’d forfeited his deposit as the money he owed me for his part of the mortgage and bills under the Trust Deed over the two years exceeded his deposit, but he wanted 50% of the property value (which had increased a lot - I’d paid for renovation work). So in the end, as much as it pained me, we settled on me giving him his deposit back as I wasn’t sure a court would enforce the Trust Deed. It was the lesser of two evils. I kept that property for another 10 years and made an enormous profit. I guess what I’m saying is, as annoying as it might be to buy him out, in the long run, you might be better off coming to a compromise.

This. WHY would you put your everything into something and allow him 50% ownership?

If you can raise the money, he might accept 5-10k cash instantly in place from 22k maybe in a year's time, minus fees etc etc. Make a big deal of the uncertainty and slowness.

Legally, half of any equity is his.

The longer you stay in that house, the more money you are giving him. You need to sell the house and split any equity, it doesn't matter one iota whose money paid for the deposit, once you signed the 50/50 split you fucked yourself over.

Not sure how this got resurrected but anyway! I’ve decided to keep the house. He’s now asking for 10k to buy him out, I haven’t agreed to anything yet but I still feel so bitter as feel like he’s gaining so much from so little effort.

What was the legal advice?

Oops..I think I resurrected it as it came up linked to someone else's new thread, sorry about that. but thanks for the update. Haha

Years ago I bought a house with my ex. 100% mortgage due to my grad job. Lived together less than 4 months. I had to pay him 5k. They reckoned the house had gone up 10k in the few months from buying to getting it valued in 2002! Bought dec 2001 for 72k. Split April 2002. Can’t remember dates for finalising buying him out. He got a bloody great deal!
I would accept paying him 10k now op. As tough as it is.

It makes no practical difference how you label his behaviour, I’m afraid.
50% of the property is his.
The law doesn’t deal in morals.