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How to pay him back

167 replies

Equityhelp · 23/10/2022 10:32

I bought a house in my name 6 months ago, DP at the time gifted me the full deposit (£50,000 - inheritance money). He was unable to get a mortgage at the time so the plan was I would remortgage in 5 years with his name on when my term ends.

We have broken up, I am happy to pay him back but I don’t know how. I can afford the mortgage and bills alone but not much more. If I remortgage now at current rates I couldn’t afford it, plus taking money out would increase the mortgage. What can I do?

OP posts:
girlmom21 · 23/10/2022 12:49

Ok so take everything you paid towards his house after he lost his job, half of everything you've paid towards this one bills-wise and half of all legal fees off what you owe him

Equityhelp · 23/10/2022 12:50

And it’s only 2 bedrooms so can’t have more lodgers than the one. I would have to give them my room and me in the smaller room and there’s no other rooms I can make into a bedroom because it’s a small terrace house where the door opens into the open plan living room and kitchen

OP posts:
CrochetIsCool · 23/10/2022 12:51

I would not rush to do anything given how recently everything has happened. Take a breath, then seek some legal and financial advice and fo not make any offers or promises until you are properly informed.

Equityhelp · 23/10/2022 12:51

IncompleteSenten · 23/10/2022 12:48

🤦 he was so stupid. Nobody should ever do such a thing.

Legally he's fucked I think.

Yes, taking on lodgers in order to be able to make a regular payment is workable.

Once you start making payments could he go to court using the payments as evidence that once you split you decided to pay him back and then force a sale?

I’m not sure, someone mentioned sending regular repayments might look bad when remortgaging too.
I would be happy to put it all into savings for him until it’s all there but that’s up to if he trusts me.

OP posts:
Tiani4 · 23/10/2022 12:54

Equityhelp · 23/10/2022 10:43

Didn’t pay stamp duty and yes he signed it all away.

I don’t want to rescue the relationship. I don’t want to sell the house either because the mortgage is less than rent around here by a significant amount, there is no way I could afford rent long term without getting into debt.

He gifted the deposit to you and mortgage and deeds are only in your name
, he signed something to say that legally. So he has. I legal leg to stand on. Which is a shame for him but it means you don't need to pay him back and really it's only a moral obligation you feel not a legal one.

So without putting anything in writing how about you - if you want to- arrange to pay him some money in monthly payments since you can't remortgage right now and would be silly to

Tiani4 · 23/10/2022 12:56

So he has NO legal leg u to o stand on I meant not "I "

But as a kind person you will find a way to return it slowly Over the years without it being officially recognised and without stating that in any email or texts and do not me run moan unless you want you and him to get into legal trouble

Tiani4 · 23/10/2022 12:58

And so not put it in writing I meant not "run moan" don't know why my phone autocorrected that

If I weee you I'd think about what his rent contribution might have been and take that off to the amount you repay over time. So 2x tears for eg £600 x 24 months Is £12k less than original £50k and he had no legal leg to stand in as signed it as a gift without e or ration of return not interfere in house from outset

Tiani4 · 23/10/2022 12:58

Interest not interfere

TizLruss · 23/10/2022 12:59

Legally is he entitled to nothing.

Any repayment is you taking on that arrangement voluntarily. But if you start making monthly payments he could argue that you have agreed to give the £50k back and if you stop paying, he may have a case.

Morally you should pay it back. Ultimately you are in control here, so you can tell him to wait 5 years before you give him his cash.

Tiani4 · 23/10/2022 13:01

You can do what you want

  • I’m not sure, someone mentioned sending regular repayments might look bad when remortgaging too. I would be happy to put it all into savings for him until it’s all there but that’s up to if he trusts me.*

As he has no legal leg to stand on to ask for anything back as he signed it away

The moral
Thing is to dine away to return £50k minus his share of what would have been rent payments

How we you feel is appropriate but he cannot take you to court and you won't have to remortgage nor is this an actual official debt

Equityhelp · 23/10/2022 13:01

I have told him I need time to think. Im going to give myself until Friday to do that.

The suggestions of a second job aren’t feasible either as a result of my current working hours, and commitments I have outside those (caring not hobby)

OP posts:
Catapultaway · 23/10/2022 13:02

Tiani4 · 23/10/2022 12:54

He gifted the deposit to you and mortgage and deeds are only in your name
, he signed something to say that legally. So he has. I legal leg to stand on. Which is a shame for him but it means you don't need to pay him back and really it's only a moral obligation you feel not a legal one.

So without putting anything in writing how about you - if you want to- arrange to pay him some money in monthly payments since you can't remortgage right now and would be silly to

That may not be strictly true. OP has acknowledged they also had an agreement which was separate from this between them. Legally, from a claim on the house with the mortgage provider he has no case, but you can enter into more than one agreement.
All it means is they have both effectively commited mortgage fraud and lied to obtain a mortgage. It was always the plan for him to be added or get his money back.

ComtesseDeSpair · 23/10/2022 13:04

OP, I would discuss this with a solicitor. As much as anything, so that when he (inevitably) engages one himself and you receive a letter setting out how he expects repayment, you aren’t on the back foot. Most of the responses here are rubbish and entirely opinion based. I’ve no idea why people post in the Legal section when it’s clear they have no legal knowledge or qualifications.

drpet49 · 23/10/2022 13:04

Wow OP stitched him right up. Poor guy.

Strictly1 · 23/10/2022 13:06

cestlavielife · 23/10/2022 11:01

He gave it to you and signed it away
Pay him back 50 a month or 100 but get a written agreement drawn up

He should have got legal advice and signed agreement with you that it was his

Legally it s yours
He gifted it to you

Is there anything written where you agreed to put him on mortgage and house later ?

That may be legal but it is so wrong. I would judge you heavily if I knew this - you’d be no friend of mine with such low morals.

clpsmum · 23/10/2022 13:08

Dacadactyl · 23/10/2022 10:34

Sell the house and give him his money back.

This

clpsmum · 23/10/2022 13:09

Equityhelp · 23/10/2022 10:43

Didn’t pay stamp duty and yes he signed it all away.

I don’t want to rescue the relationship. I don’t want to sell the house either because the mortgage is less than rent around here by a significant amount, there is no way I could afford rent long term without getting into debt.

You maybe don't want to but you have no choice if there's no other way to give him his money back. Not his fault you can't afford to rent. Really shifty if you if you don't give him it back asap tbh

TeaAndJaffacakes · 23/10/2022 13:09

@drpet49 Did you read the part where OP said it wasn’t her choice to split? And the part where she says 1 week ago the relationship was going great as far as she knew?
He’s an idiot for putting 50,000 pounds into a house and then breaking up with the house’s owner.
OP if you do end up having to sell then you should absolutely take any related costs (early repayment fees etc) out of his 50,000.
Also you should consider deducting all or some of the money you used up trying to keep his previous house from being repossessed.

clpsmum · 23/10/2022 13:10

Equityhelp · 23/10/2022 10:58

He has said he wants it back. Legally I know he has signed it away but morally I know it’s all he has. I just don’t know what to do. Us breaking up is completely his fault, if it had been mine I would
be more willing to sell up.

I have had a look and I could probably charge a lodger £400 a month and pay him £150 myself which would add up to £33,000. In 5 years time when I remortgage will they allow me to take the rest out?

I couldn’t extend the time I have it because it’s already at 30 years.

How many times do people need to tell you. SELL UP AND FIVE HIM HIS MONEY. Irrelevant whose fault the break up way and you can't expect to pay him in instalments .

Sounds like your waiting for somebody to tell you that it's ok to steal his money

clpsmum · 23/10/2022 13:11

Equityhelp · 23/10/2022 11:08

Nothing was written to say about the remortgage. For various reasons he couldn’t get a mortgage and then got the inheritance. We tried together and his finances caused it to decline, so he suggested it. I even said we could go to the registry office immediately after I got the house to protect his money better.

Please bare in mind with your advice I’m at the lowest point in my life. I need actual advice from people that have knowledge in this area and not just guessing.

Then go to a solicitor or don't you want to pay for that either

clpsmum · 23/10/2022 13:12

Omg you are unbelievable you have £50k equity in house and £8k saving and you still don't want to give him it. You are awful

TeaAndJaffacakes · 23/10/2022 13:12

I’d personally propose the lodger and installments method OP. He doesn’t get to put all the financial penalty of the breakup on you. He signed his deposit over to you so legal you don’t have to pay it back. It’s understandable you would like to though. But don’t put yourself in an awful financial mess just to do that quickly. Do talk to a solicitor.

KweenieBeanz · 23/10/2022 13:13

Equityhelp · 23/10/2022 12:33

How would be place a charge? Would that be something I could suggest he does or does it reflect bad on me when I remortgage?

I want to be in this house about 10 years.

I‘ m struggling to read all of the comments because I am so overwhelmed by how my life has changed so quickly, this time last week we were talking about getting married, we have been together for 11 years, he owned our last house but ended up getting it repossessed when he lost his job, I couldn’t afford the mortgage repayments but paid as much as I could towards which bought us a little more time. I had also paid all of the bills. My mum thinks I shouldn’t repay the full amount because of my contribution to his previous house being lost but I’m not sure I agree with that because I would have been paying that elsewhere anyway.

He signed all of the forms to say he had been advised legal advice but he never took it. And no he isn’t on the deeds or anything because that stopped me qualifying for a lot of mortgages.

This is a lie. Putting someone on the deeds is independent to the application for mortgage. You could have very easily added him to the deeds after the transaction went through, but you didn't.
As a previous poster has noted nobody pays the only £50k they have, into a house without expectation of benefit so he will definitely have a legal case. You did not even contribute to the mortgage in the last house, sounds to me like you were bitter you didn't have a claim to that house so cooked up this plan to try and claim some of the equity he had which you clearly felt you had some claim to.

VanGoghsDog · 23/10/2022 13:18

EarringsandLipstick · 23/10/2022 11:26

Oh yes, forgot that part!

And only if the estate is over the inheritance tax limit, which it doesn't sound like it is.

ThirtyThreeTrees · 23/10/2022 13:20

You cannot afford this property.
You couldn't afford it with his €50k.
You can't afford to give him back is €50k.

To not give the €50k back immediately is completely and utterly taking advance of his stupidity and naivety.

Sell the properly. You might not even be at a loss depending on the purchase price v sales price.

To do anything else is completely self serving. You didn't have a house before him. You won't afterwards. It is that straightforward.

Or you can put all morals and self respect again and think fuck it, I stitched him up good and proper.. good luck to him trying to do anything about it.

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