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Original poster

HELP.... pregnant. Am I to be evicted

14 replies

AliMum2b89 · 04/01/2024 06:05

HELP!!!

I am concerned that a TOLATA claim is to be made against me.

I bought a house with my ex as joint tenants in October 2014, we split up and parted ways by mid 2015. Since then I have been solely responsible for the mortgage and have made every payment, she is claiming that she is entitled to half the profits. Is this correct? When we split I paid her the £3,500 to cover the small amount that she had contributed to the house and then some. I also got her to sign something at the time to say she had received it.

To make matters worse I am 6 months pregnant and have no where else to go. Ideally I need a another year here before I can leave. Anyone know if this is possible? Or how long before a TOLATA can be enforced or taken to court? I have rang a few solicitors but they want a good amount of money before even looking at my case. I'd love to know where I stand before falking out money which at this time is very tight.

And even if she is entitled to half the profits an I able to request half the mortgage payments for the last 8 years?

Even slowing this process down would be a major help right now....

All advice welcome
Thanks

OP posts:
SquashPenguin · 04/01/2024 06:08

Was her name actually removed from the mortgage and deeds at the time?

Original poster
AliMum2b89 · 04/01/2024 06:13

No it wasn't. At the time I was unaware of all these processes

OP posts:
AllEars112232 · 04/01/2024 06:45

Take a breathe and relax. No claim has yet been issued, but I’m presuming your Ex has been in contact and told you they are starting one.

involving a solicitor would be best, because you clearly have not cover all the legal issues since your ex left, ideally you would have transferred the property into your sole name and remortgaged. But for now, make an appointment with your local citizens advice, or ring the Shelter helpline and get advice on you situation as it currently stands.
Start to gather your own evidence such as bank statements showing you have paid the mortgage on your own since she left, the payment you made to her, and the letter she signed.
Be proactive at this stage, but don’t panic- get advice so you understand your situation and legal position.

SquashPenguin · 04/01/2024 06:47

I would agree you are best getting a solicitor for this.

rwalker · 04/01/2024 07:06

My friend was in a similar situation but he was the one that left and the person in the house tried to get years of mortgage payments off him

went down the legal route didn’t have to pay as the person in the house had the benefit of sole use of the house and he’d had to pay for housing elsewhere
he did get a share of the profits wasn’t a massive % told he could of got more but he just wanted to get off the mortgage and get the woman out of his life so he took the lower amount to draw a line under it

vivainsomnia · 04/01/2024 08:24

How was the deposit paid?

prh47bridge · 04/01/2024 09:31

Are you married to or in a civil partnership with your ex?

If not, the fact that the house is owned as joint tenants means you and your ex own it equally and she is entitled to 50% of the equity. To change that you would need to show that there was a common intention that you should own a larger proportion of the property and that you have acted on that to your detriment. The fact you have made all the mortgage payments may not be enough on its own to give you a larger share.

If you are married or in a civil partnership, the courts will want a fair settlement which may result in you getting more or less of the house.

You really need to see a solicitor. Once they have all the facts they will be able to give you proper advice as to your options and the likely outcome.

Original poster
AliMum2b89 · 04/01/2024 11:46

Thak you everyone for your responses,

I'm hoping that the paper she signed will be enough to prove that when she took the payment from me she considered that all her input was finalised and dealt with as in the document it said she dosent want any financial benefit from the sale of the property....

I'm currently in the process of getting bank statements from years ago. She also only contributed £1000 towards the deposit which was repayed back to her in the £3,500

🤞🤞🤞

OP posts:
Original poster
AliMum2b89 · 04/01/2024 13:23

From my bank account with a very small contribution from her....

OP posts:
Original poster
AliMum2b89 · 04/01/2024 13:24

No it wasn't....

OP posts:
EleanorLucyG · 04/01/2024 13:35

Three dots at the side of every post, click and choose "quote" to reply

Original poster
AliMum2b89 · 04/01/2024 13:47

EleanorLucyG · 04/01/2024 13:35

Three dots at the side of every post, click and choose "quote" to reply

Ah I understand.... First time using this forum.... thankyoi

OP posts:
Original poster
AliMum2b89 · 04/01/2024 13:47

vivainsomnia · 04/01/2024 08:24

How was the deposit paid?

From my bank account with a very small contribution from her....

OP posts:
EleanorLucyG · 05/01/2024 00:01

AliMum2b89 · 04/01/2024 13:47

From my bank account with a very small contribution from her....

Show quote history

That's good then, for the paper trail. I hope you can get the situation sorted out in your favour.

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