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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

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Original poster

The house following separation

43 replies

user1485116372 · 22/01/2017 20:45

I know there is no definitive answer to this and a solicitor should be sought. But some people must have some advice and experiences to share.

Me and my ex and have 2 young children and a joint mortgage. He left and moved out 3 years ago. At the time we calculated the equity in the house was £50k and so his share was £25k (13.89% of the house value).

I still live in the house with the children and pay the mortgage and bills. He did help with the bills for the first year on top on CSA payments. He now only pays CSA.

My ex has now approached me to see if he can get off the mortgage and have his equity. I've told him he can off the mortgage but wont get the money for 12 years (when our youngest will be 18). I've told him he can have his £25k then.

He immediately disputed the figure of £25k and said i should be paying him 13.89%. The house has increased in value so thinks his figure should now be over £30k (13.89% of £220k)

Can he request this?? He has said he'll take a lower offer of £25k if we sort out in the next few months. Otherwise he's threatening to take 13.89% in 12 years time. But this figure will be a hell of a lot more than £25k by that time.

My ex is making claims that his share is an investment and the value fluctuates with the housing market. He's also claiming, he'd be a financial loss by not having the money, because he' have to borrow an extra £25k to by his own house.

Am i right by standing my ground and giving him £25k in 12 years from now??

Like i said before, a solicitors is the best place, but people must have their own similar experiences or knowledge.........

OP posts:

Gobbelino · 22/01/2017 23:48

If you didn't specify st the start and you're definitely tenants in common, then I assume it defaulted to a 50 - 50 split - did you get the 13% in writing at the time you agreed it?

Gobbelino · 22/01/2017 23:50

It is really awful how badly protected you are when you don't get married - I would try not to worry but definitely consult a solicitor and get a proper contract drafted xx

PlaymobilPirate · 22/01/2017 23:56

Bloody hell - how can you not see that he should get something out of the house he jointly owns too?

Can you afford to release the 14% now so that he can use it to fund somewhere to live? I'd take his hand off rather than risk him pushing for 50%

OutToGetYou · 22/01/2017 23:56

Go with the 13%, you're bound to find if you go to law he'd be entitled to 50%.

Been through it myself before and going through it currently, but both times I had/have a deed showing who owns what, so it's all clear.

If no deed, then it's 50/50. Nothing to do with who pays the mortgage.

SamanthaB52 · 22/01/2017 23:58

No we didn't get 13.89% put in writing from the start.
He has now suggested we get 13.89% put in writing but to be honest I don't want him having 13.89%, so I've declined the offer. I've offered putting in writing him getting £25k in 12 years time, but he's not playing ball.

PlaymobilPirate · 23/01/2017 00:00

Why should he play ball?

SheRaaarghPrincessOfPower · 23/01/2017 00:01

Sorry Samantha, but you're in the wrong here.

Please don't risk this turning into a more difficult situation. He could go for the 50%, he could potentially force a sale on the house.

Don't agree or decline anything until you've spoken to a solicitor. You've had lots of good advice on this thread, listen to what people are saying.

SamanthaB52 · 23/01/2017 00:02

Because he left me with £25k equity as his share. Now he wants more.
I'm offering what he's owed in 12 years. I've told him (maybe a bit hastily) unless he accepts the £25k, he'll have to force the sale of the house which will cost him thousands.

SamanthaB52 · 23/01/2017 00:03

PlaymobilPirate · 23/01/2017 00:05

Why do you get to -wrongly- call the shots though? He is entitled to 50% so you're really cutting your nose off to spite your face

Gobbelino · 23/01/2017 00:06

I really recommend you seek legal advice before any further conversations with him. Whether it is fair or not, I expect he is entitled to 50% of all equity legally. If he knows this (and it sounds like he does) from his perspective he may very well think he is being excessively generous and is playing ball.

SheRaaarghPrincessOfPower · 23/01/2017 00:06

The £25k is a meaningless figure, do you realise that? It's based on a guess of what the house was worth 3 years ago. You don't know what it would actually sell for. That's why it has to be a percentage.

Efferlunt · 23/01/2017 00:07

He'd be insane to agree to 25k in 12 years time. I'd get the 14% in writing quick before he asked for more!

Gobbelino · 23/01/2017 00:13

Sheraaaagh is right. I imagine this must be very difficult - there will no doubt be a lot of emotion caught up in this conversation and it is easy to get distracted by what you feel you are entitled to and what legally should happen. However should he push this to court, he would be entitled to claim the costs back from the sale of the house as well as his 50% equity I believe.

lacurandera · 23/01/2017 00:17

You are being ridiculous OP, for the following reasons:

Just because he left you doesn't mean you have more say if the paperwork (or lack of it) means he's entitled to 50%.

It doesn't matter that he agreed a number verbally at the time, he is still entitled to a percentage of the equity when the house is sold, the fact that you are disputing this is crazy. He would be insane to agree to a fixed amount if the expectation is that the value will rise markedly over the years. You can't force him to give up his investment just because things didn't work out with you two.

You need to decide now if he's going to get 14% or 50%. The fact that you are resisting makes it more likely that he will figure out he's entitled to 50 and take it. I would.

Hermonie2016 · 23/01/2017 13:12

I would sort out your emotions first as you are likely to end up with a worse deal because you are angry.The law does not penalise him if he left you with young children, its simply a case of what is the law and he is entitled to more than you are agreeing to.

He could get back his deposit if he can prove he paid it from previous house sale.Forget the moral side as not being married gives you less protection.

Be careful not to threaten selling the house which may cost you more in the long run especially if you want to buy.

Can you raise the money now? If not agree to his percentage as court is highly likely to get you a worse deal.

I know it might feel unfair but in 12 years time you will be in a happy place and grateful for owing 86% of your home.

Fidelia · 23/01/2017 23:02

This reply has been deleted

Message withdrawn at poster's request.

Blobby10 · 24/01/2017 12:34

See a solicitor - it will be the best money you ever spend!! My STBExH tried the 'I want half of any increase in profit when you sell the house - I'm paying the mortgage for another 4 years (in lieu of any other payment for supporting our the children through college and uni or keeping a base for them and feeding and clothing them I hasten to add) and should benefit from the increase in value'.

Had to throw it out in the end as judge ruled Financial Order wasn't fair with it in - and solicitor pointed out that by the time we have included the costs of selling the property there wont actually be that much left so he was only looking at about £1000 at best! And of course he would have had to pay me if we hadn't made any profit on the house (Which is highly likely where we are!!)

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