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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.

Ex partner refusing to buy out of house

48 replies

rubyrose123 · 09/02/2021 22:36

My husband’s ex partner (never married, two children) still lives in the home they bought together. My DH has spent thousands on solicitors trying to either buy her share or have her buy him out. This has gone on for 8 years since she kicked him out because she was having an affair. She’s now married and her and her husband definitely have the means to buy him out but clearly have no intention of doing so (unless for far less than half the market value). Whilst they were together she never worked so my DH paid the mortgage. She has paid the mortgage since he moved out but it remains in joint names. This has had implications for us when we bought a house together - difficulty getting a mortgage and having to pay double stamp duty as it’s considered a second home. As they were never married, there’s no ‘divorce settlement’ to be agreed so there is nothing in writing and she won’t agree to anything. The youngest child turns 18 in 4 years and then we will apply to the courts to force the sale of the house and split the equity. Has anyone been in a similar situation? It’s so frustrating because we have a huge mortgage (so that his and our kids can all have their own bedroom) and he has a lot of money tied up in his old house. Obviously we’d rather have the money now but we can cope with waiting until the DSC turn 18 if we’ll end up with a fair share (ideally half). Solicitors advice varies but we’ve been told because it’s held in joint names,without a separate deed of trust, my DH should be entitled to half and also that we are entitled to ask them for rent (which we don’t). Also, every time his ex and her husband carry out repairs or update the property, they email to say what work has been done and the cost (presumably so they can ask for reimbursement when the property is finally split). Any advice/people been in similar situations would be appreciated.

OP posts:
78percentLindt · 10/02/2021 19:42

I would seriously considering pointing out the rent owed, ( ie 50% of the rental value) and ask for it going forward.
And reduce maintenance to CSA rate.
I would also ask your solicitor about telling them to stop making alterations without DP's permisssion, regardless of who pays.

millymollymoomoo · 10/02/2021 22:30

If it’s joint tenants it’s 50:50 regardless of who paid what
Yes she’s paying mortgage but his investment is tied up and her mortgage is in lieu of him having to pay somewhere else
Get a better solicitor

Elfschoolsucks · 11/02/2021 09:15

I would definitely get another solicitor, the courts would only allow her to remain in the property to ensure the children have a roof over their heads until they turn 18. This is known as a mesher order, there are certain trigger points that would force the sale of the house prior to the child turning 18, one of the trigger points can be if the individual living in the property remarries.

With regards to the split of equity the starting point is always 50 - 50 and negotiations start from there, you have had to rent over the years, pay higher mortgage rates, pay higher stamp duty, this will all be taken into account. My best friend has just been successful in forcing the sale of a house they hadn’t lived in for 11 years even during Covid! Good luck!

dontdisturbmenow · 11/02/2021 09:47

The hypothetic rent is a non issue. If he chose to leave and there was no clear arrangement of rent, this will go nowhere. She'll just have to claim that he was always welcome to still live there.

rubyrose123 · 11/02/2021 10:56

Might’ve been a bit awkward if he continued to live there once she moved her new partner in but thanks for the advice!

OP posts:
millymollymoomoo · 11/02/2021 11:33

They weren’t married so mesher order is not possible and the 50:50 starting point for negotiations is not applicable
They own the asset as joint tenants. It’s 50:50

VanGoghsDog · 11/02/2021 14:22

you have had to rent over the years, pay higher mortgage rates, pay higher stamp duty, this will all be taken into account

None of that would be taken into account.

Embracelife · 11/02/2021 15:30

out the rent owed, ( ie 50% of the rental value) a

Depends who has been paying mortgage ?
If she l7ved tgere and paid mortgage that covers it

Afterglow78 · 11/02/2021 19:26

I'm in a similar situation, never married, 2 kids, 5 years down the line, but I always assumed that since my Ex is down as the primary carer (I have the kids 3 nights a week) then she would be entitled to a greater equity split.
But if it's 50/50 split as the property is owned as joint tenants and we were never married then that's good to know. It's all amicable at the moment but the more time passes the more I can see a battle with selling the house and equity split.
Can anyone confirm the 50/50 split is actual fact?
Thanks.

Embracelife · 11/02/2021 19:49

It is starting point
But if needs it to house dc can argue for bigger split to be repaid when dc are 18 or leave full time efucation

millymollymoomoo · 11/02/2021 21:51

If you’re not married and you own the property as joint tenants it’s 50:50

dontdisturbmenow · 12/02/2021 09:27

I looked I to this when I separated from my oh, not married) and I remained in the house paying the full mortgage. We were joint tenants. I saw two solicitors specialising in family law and both said that he would never be able to claim for any equity raised after he left the home and stopped paying.

As it is, I managed to buy him out anyway.

IndecentCakes · 15/02/2021 11:01

When you buy someone out, how is it done?

MrsBertBibby · 15/02/2021 13:10

OP is the house owned as joint tenants or tenants in common? Has he had advice about severing the joint tenancy? If they are still joint tenants, and he dies, she gets the lot.

Division of equity in cases like this is extremely complicated, and the advice on here is really no substitute for proper legal advice. Despite being a horribly experienced family solicitor, I'd be sending your case to my favourite TOLATA barrister for his opinion.

Vetyverio · 15/02/2021 13:25

He could move back in? That my change her mind

On a serious note, new solicitor needed

Embracelife · 15/02/2021 17:02

never be able to claim for any equity raised after he left the home and stopped paying.

It doesn't work like that.
He would be entitled to equity rise

rubyrose123 · 15/02/2021 17:03

@MrsBertBibby

OP is the house owned as joint tenants or tenants in common? Has he had advice about severing the joint tenancy? If they are still joint tenants, and he dies, she gets the lot.

Division of equity in cases like this is extremely complicated, and the advice on here is really no substitute for proper legal advice. Despite being a horribly experienced family solicitor, I'd be sending your case to my favourite TOLATA barrister for his opinion.

He severed the tenancy a couple of years ago so they’re now tenants in common thankfully! Clearly we need to find a decent solicitor!
OP posts:
Embracelife · 15/02/2021 17:03

In a mortgage buyout, one partner takes over the other’s share of the mortgage on a property, while simultaneously buying out their share of the property itself. The other person’s name is removed from the mortgage and the title deed. This is often achieved byremortgaging, but can also be done via a product transfer, where you move from your existing deal to a new one with your current lender.

If you buy someone out of a joint mortgage, you’ll need to take ownership of their share of the property – this is called a ‘transfer of equity

Embracelife · 15/02/2021 17:04

Calculating what your partner is owed

If you’re buying your partner out, you’d typically need to pay them half of what equity you both have in your home. This isn’t always the case, as you may have contributed more towards the mortgage deposit or vice versa. This is something you’ll have to agree on with your partner.

Nonetheless, calculating the amount of equity in a property is rarely up for debate. To calculate the amount of equity you have, you’ll first have to assess how much your home is worth. It’s quite easy to get a valuation from an estate agent or a formal valuation from a chartered surveyor. Valuations from estate agents are often free but may lack credibility in comparison with a paid valuation from a surveyor.

rubyrose123 · 15/02/2021 17:08

@Embracelife Thanks! That’s all really helpful!

OP posts:
Crazycatlady83 · 15/02/2021 17:09

Get a new lawyer. Make a application under TOLATA ASAP - stop messing around with negotiating, she doesn’t want to negotiate!

If she argues that she is owed a higher share for paying the rent for the last 8 year, argue back at her that she owes him occupation rent. This right arises when one party is actually or constructively excluded from his or her property. The party excluded may seek Occupation Rent from the party still in residence. A relationship breakdown will often be regarded as a constructive exclusion.

She may make a Schedule 1 application but unless your partner is mega rich, I doubt this will be successful. Her financial circumstances will be taken into consideration (and as she is married, to a certain extent her new husbands financial circumstances)

UtterSocks · 18/02/2021 21:25

No advice but following with interest as my bf is in the same position. Solicitor’s advice varies a lot though so I’d get as many free half hour initial consultations till you find one that isn’t so defeatist.

Best of luck xxx

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