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Can ex claim half of joint purchase despite clean break when we divorced?

30 replies

exsmex · 08/10/2024 14:41

My exH and I rented a house back in 2006. We were married at the time. The deposit was lodged in my ex's name because at the time the tenancy was in his name but the children and I were named on it as being allowed to live there. My credit rating wasn't great at the time so his name was used. The deposit came out of our joint account. He left the property a few years later and we divorced with a clean break agreement. The deposit was never transferred into my name and I'm now trying to get this sorted. ExH has said he wants "his half" of that deposit. It's 13 years since he moved out and we have been divorced 10 years. When he left he wrote to the landlord and told her to transfer the deposit into my name. She didn't. I have a copy of that letter.

Does exH have a right to half of the deposit?

OP posts:
NotDavidTennant · 09/10/2024 11:02

Maybe I've missed this, but if you're not ending the tenancy then what has prompted this? Is he asking you to pay him his half of the deposit?

Also, how much money are we talking about? A big enough sum that it would be worth him taking you to court over it?

Tontostitis · 09/10/2024 11:14

Have you opened this can of worms or gas he it all seems a bit pointless

exsmex · 09/10/2024 11:15

It's just that it's in his name not mine and he asked the landlord to change it over but the landlord didn't. It's about £700 in total the deposit. It's just a review of things with the letting agency and it came up during that. He's asking what about his half wanting it back.

OP posts:
cestlavielife · 09/10/2024 11:22

It s 350 £ then.
Just do and say nothing.
If he wants to spend £to get 350 from you now, let him
Tell him that When you eventually get deposit back You will give him 50%.
By then life will have moved on.

YankeeDad · 09/10/2024 14:00

Honestly, if the rent deposit is £700 then it is probably not worth that much aggro.

Three relatively easy options might be

  1. tell him the deposit needs to stay where it is anyway for as long as you live there, so there is no point to sorting it out right now.

  2. if £350 is not life changing for you, then write him an email promising that if he transfers the deposit into your name now, you will give him the £350 when you move out, with timing of that to be at your sole discretion.

  3. Do nothing, don’t worry about it too much, and see if he mentions it again and deal with it if he does.

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