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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 nightmare!

7 replies

Starviewer · 23/07/2024 21:43

Thank you in advance for any advice!

So, my ex partner left the family home 3.5 years ago(having only live in the house together for 3 months) and pressured me at the time to have the house as joint tenants. I paid the full deposit of the house, and have since been paying the full Mortgage. He has refused to do any type of settlement and has used the house as coercive control to continue access to our daughter. He is abusive! Having engaged with him via solicitors for 7 months, he finally agreed on a settlement (literally on the day court paperwork was due to be filed). He names his conditions, one of them being he would sign and return paperwork within 14 days.

I have been soooo patient with him, but my patience has now worn thin! He has had paperwork sent to him, and nothing has been returned!!!! My solicitors keep giving him more time throughout the whole process..and so I've raked up a 7K bill for their services (one of his pathetic excuses was he had a cold and was far too unwell to engage in any settlement discussions- but was well enough to of course write that email?!). I've got my new Mortgage offer, and a conveyancing solicitors (who are charging me separately!) and have cashed in my inheritance early from my parents to buy him out. He has literally been eating away at all my funds! I can't carry on like this anymore.

What should I do now? If I am to file paperwork to the court, are they likely to uphold the original settlement? (Including changes he wanted to be made, which were made straight away-including again, me paying for the whole process and him getting his lump sum). Will the original agreement be enough? Or will I have to start the whole thing again through court? This is an absolute nightmare! Can I claim my legal Fees from him, as he has wasted so much time, and caused me so much anxiety and stress!

I am greatful for any advice!

OP posts:
millymollymoomoo · 23/07/2024 23:45

If it gets to court it will be z50:50 as he owns 50% irrespective of deposit and payment . There doesn’t appear any deed of trust outlining shares in different %. It’s not like divorce. It would be a 50% entitlement each

you are relying on his goodwill to agree otherwise

Starviewer · 24/07/2024 11:15

Unfortunately, no deed of trust was done (and due to my naivety I didn't know the result of joint tenants implications if we separated!)
I have offered him a lump sum almost equivalent of 50%. But he has dragged his feet, purposely to get more money as the equity has year on year increased! My question is, can I claim costs against him for the ongoing Fees im having to pay, due to his unwillingness to sort this out! And surely, just prolonging it to more money as equity increases is wrong? Would the court not see it as wrong?

OP posts:
Caffeineneedednow · 24/07/2024 11:18

No I am sorry but he owns of the house and the court will award him that

FatfunandADHD · 25/07/2024 18:41

You can put a claim in to the court to consider legal fees. I'm presuming the 14 days has passed now?

If so I would get your solicitor to write a letter to him saying that the deadline has passed and so they've been instructed to submit court paperwork in 5 working days which will include a request for all your legal fees.

It might be the shock he needs. As for 50/50 comments it's not that cut and dry we have no other information on your case and so nobody can make that comment with certainty.

millymollymoomoo · 25/07/2024 19:26

We can state that
he owns half the house
hed get half the house
they are not married so there’s no settlement to agree it’s based entirely on legal title of the house

he can of course agree different but in court he’s get his 50%

Hoardasurass · 25/07/2024 20:13

If you can prove that he hasn't paid a penny of the mortgage then you can make a claim for 1/2 of all mortgage payments you have made, however there's no guarantee that the judge will grant it though

Starviewer · 25/07/2024 22:12

Thank you for all the advice.. I understand its 50/50, I totally conceded on that front.
But what I really want is, the court to consider the fact that I have on so many occasions (and more recently through solicitors) tried to get a clean break from him financially, but he has refused ONLY on account of 1)using it as means to get access to our daughter 2) to allow the value of the house to increase and for me to solely keep paying the Mortgage, so he gets a bigger sum at the end of it(whenever that may be!) Surely, the court will see its not fair? Otherwise, it just encourages people to not financially settle when people separate, just so they get more money further down the line, with 1 person paying! And a Mortgage is a debit you both are responsible for, so surely if he's not paid (but has had the means to) at all, that should count for something?
My solicitors have said they would claim costs against him, but he just sent a passive aggressive email back basically saying he isn't going to do any such thing, and that all costs should be directed at me, as I am the one who wants to sort this out, and he is happy to carry on as things are (ie me paying the Mortgage and him doing nothing!).

OP posts:
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