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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.

Original poster

Unmarried Separation - how to sort out house

19 replies

namechangeagain12 · 23/05/2020 21:17

Me and my partner aren't married but jointly own a house. He earns more than me and a split is in the cards - he doesn't want to sell the house...

Our fixed mortgage deal is up in September so (hopefully) easy enough for him to remortgage on his own. If we agree a buy out settlement figure, can we get some sort of order via a solicitor that puts this figure in writing? Even though we aren't married? Does anyone have a rough idea of how much this would cost?

OP posts:
millymollymoomoo · 23/05/2020 22:04

Are you hoping to get more than you are due ?
Do you own it as joint tenants in which case you’ll get 50% of equity value

VictoriaBun · 23/05/2020 22:11

You own a % of the house . So you get it valued and have that % in value. If possible he adds that amount into the new to the mortgage.
If one of you paid more as a deposit you could consider that as well .

Original poster
namechangeagain12 · 24/05/2020 09:39

@millymollymoomoo we are joint Tenants yes. And no I don't want more than I am due I just want what I have paid into the house. The value has gone up (about 15k since we bought it) but along with paying me for all the furniture etc he won't be able to afford an extra 7.5k so I just want what I've paid up to now.

@VictoriaBun yes he paid about £4000 more deposit than me. I don't want to rob the guy I just want my share of what I've paid and to know how much it would cost for a solicitor to put this in writing (if possible)

OP posts:
millymollymoomoo · 24/05/2020 09:43

It’s not about getting back what you’ve paid
You each own a 50% share
So whatever equity there is you own half of it
Unless you can both agree something different

FinallyHere · 24/05/2020 09:51

If you both agree, and there is no dispute, why do you need a solicitor.

I was in your position years ago. In my case, we agreed to sell the house, agreed return of our respective deposits, agreed percentage of the equity and of the costs associated with the sale of the house.

In your case, I imagine a solicitor would be required to transfer the ownership from joint into a single name. That would include mention of the renumeration you receive in return for giving up your stake.

What else would you need a solicitor to do? Write a letter setting out what you have agreed? What is the value of that over one you write yourselves and each sign. ?

Original poster
namechangeagain12 · 24/05/2020 11:44

@millymollymoomoo I've said we've agreed something different. The house won't be sold and I'm walking away leaving him with the whole mortgage to pay on his own (even though I'm still liable for half) until he remortgages. Hence why I'm not bothered about getting my other 7.5k equity, I just want out and I won't get that extra off him without leaving him broke which he doesn't deserve. He wants to keep the house so fine.

@FinallyHere the only reason I want it legally in writing is because I'd be walking away with a house still in my name and leaving everything. I don't want to run the risk of him potentially going back on his word. It's unlikely he will he we all know how toxic some breakups can do and I'd rather have some form or legality that somehow protects me.

OP posts:
FinallyHere · 24/05/2020 11:48

Goodness, it would not be a good idea to walk away with your name still on the papers. A solicitor could transfer the ownership into his name at the same time as he remortgages and effectively buys you out. Would that be a way forward for you ?

millymollymoomoo · 24/05/2020 12:03

You just need a solicitor to sort out the house ownership transfer. That will outlive the monies settled

Original poster
namechangeagain12 · 24/05/2020 12:20

@FinallyHere no, I don't mean walk away like that! our mortgage is up for renewal in September so it's only 3 months, I mean move out. But I will be renting privately so I want the financials sorted before I move out and my partner will be applying for a new mortgage in the process. Once I move out things may get bitter so I want everything in writing and sorted before I move out

OP posts:
GlassOfProsecco · 24/05/2020 14:44

I had the same scenario, but unfortunately was not able to move out, as I would be responsible for both the mortgage & my rent until the house was sold. Which of course in this climate was hugely risky, so I've had to stay.

LemonTT · 26/05/2020 00:48

The house will have to be valued. Given the current situation there might not be any increase in value. There could even be a decrease.

Your ex will need to demonstrate to the lenders that he can afford the new and extended mortgage. He might not get the mortgage and be able to buy you out. All this will be down to the lenders.

If the house needs to be sold, you will be waiting a long time for your share of the equity. I suspect this will be less than you expect if you sell in the next year. If you can sell.

EileenAlanna · 26/05/2020 01:21

You're both entitled to 50% of the sale price/valuation as you're joint tenants. If his deposit money was ring-fenced at the time he's legally entitled to that back.
Assuming there's no ring-fencing I'd suggest he gets his £4000 back & you take the furniture you bought. Would it have added up to a comparable amount? If so you could call it a wash & just take a straight 50% each.
Have the valuation done asap & his application for the full mortgage too. You need to know if he's able to buy out of your half or not.

begoniapot · 26/05/2020 09:08

Regarding his deposit, if he has a paper trail that demonstrates clearly he paid it from an account in his sole name, you have no claim on it. It doesn't need to be ring fenced as you are not married and therefore all finances are separate. It's like a business arrangement, not a marriage when it comes to finances.

Get 3 evaluations on the house (hopefully Covid won't affect those), work out the equity, divide it in 2 and that is what you can take. You will need a solicitor to sever the tenancy legally. It's very straightforward. Your exbf will need to sort out a new mortgage in his name only ASAP and find a way to pay you your equity.

begoniapot · 26/05/2020 09:11

Agree if possible on the furniture, but basically if you have a receipt in your name and paid from your own money, it's yours. If paid together then just try to be amicable. Courts treat unmarried couples as having a financial arrangement and the rules of marriage do not apply

GlassOfProsecco · 26/05/2020 09:44

I take it you are not in Scotland, where there are cohabitation laws?

Original poster
namechangeagain12 · 29/05/2020 11:29

@GlassOfProsecco no I'm in England.

The reason I ask is because I was worried that he would be awkward about splitting finances. I only want the mortgage payments back that I have paid in the last 2 years. I don't want to go for the rest of the equity. I also want a fair share of the cost of all the furniture I bought (he paid most deposit I furnished the entire house and paid for removals and solicitor).

And as I expected, he is being awkward! Apparently I am 'scamming' him asking for £10k of mortgage payments back when the reality is my 50% equity would mean I'm due 20k. He's also now being awkward as the mortgage comes out of his account. I pay all the household bills, him the mortgage and he pays me the difference each month (yes ridiculous I know he wouldn't open a joint account) and now I'm being threatened saying that because I'm scamming him, he will screw me over because according the the bank he's paid the mortgage the entire time and I've paid nothing...

I explained to him that he would be correct if we were renting but this is an owner house and every penny I put in is an investment and if he wants to buy me out he has to pay back my entire investment. I'm being reasonable by saying I don't want to go for the rest of my equity in the house, just what I've paid so far into the mortgage

OP posts:
ZombieFan · 29/05/2020 21:26

I think you are over complicating things here by asking for all your mortgage payments and something for the furniture (its semantics).

Just pick the figure you want (£15k) and say you want that amount to buy you out. If he doesn't like that figure then you sell the house and walk away with half the equity (20k).

If your name is on the deeds then half the house is yours, irrelevant of who made payments. Keep it simple.

CiderJolly · 31/05/2020 11:59

So you are trying to be more than fair (and kind and considerate) and he is choosing to be an absolute dick wad, cut his nose off to spite his face and risk ending up paying you more because of it?

I can see why you wanted to split.

My advice would be get a solicitor, go for 50% of the equity, he hasn't got a leg to stand on and if he can't buy you out- tough shit it will have to be sold.

You can't reason with people who don't want to be reasoned with.

Quartz2208 · 31/05/2020 12:02

Get some legal advice - it doesnt matter whose account it came out of you are joint tenants he needs to buy you out

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