Ex-partner wants house bought with inheritance despite my name on deeds

[Guffy]

My partner and I were together for 10 years. I loved her dearly and believe we had a strong relationship. About 5 years in she came into a sum of money after her father sadly died and she decided to buy a house with the money so we could set up home together. She decided to put my name on the deeds effectively giving me half the house. I cautioned her at the time that it was a big step and a generous gift but she said she loved me and it was our home. A year or so ago, after 6 months of lying and deceiving me, she left me for a local man. I now live in the house on my own but she is indicating that the house belongs to her because she ‘paid for it with my dad’s money’. Where do I stand legally please?

Legally, and that’s all that counts here, you are the co-owner of a House. You made sacrifices to move to be with this lady and you did so in good faith. Your relationship has lasted a lot longer than many marriages. She can now buy out half your share, or vice versa, or you can split the sale proceeds. What you can’t do is just sit in it and not expect some kind of change. You also can’t just be turfed out of your home of the past five years.

Totally agree, if this was a woman the mumsnetters would be encouraging them to claim all rights to the house.

@Ifeelold48 Unfortunately, as a non married couple, the women should have drawn up a co habiting agreement which both parties agreed to. This would have ring fenced the house as hers. She did the opposite and put his name on the deeds. So by her actions, she has not ring fenced the property. It was incredibly foolish but she has not respected her inheritance and what her dad wanted as far as we know . Her intention was to share the property. Ultimately they need mediation to sort this out but if she wanted to keep the inheritance intact, she could have done this. The agreement could have split any profit from the house for example, to reflect maintenance input etc.

Issues like this really do illuminate the need for co habiting couples to think in much more depth about what they want should they split up.

OP has not mentioned any children and it appears they were not married, so no, maintenance is not in the mix.

The house is jointly owned. The starting point for an unmarried couple in this situation is that they are each entitled to 50% of the equity in the property unless it is owned as tenants in common and there is a deed of trust setting a different split. It is possible that a TOLATA claim could give OP's ex a bigger share but, since the evidence suggests that both parties intended that the property should be shared, that is by no means guaranteed.

She is definitely wrong to say that the house belongs to her. That ship sailed when she insisted on putting OP on the deeds.

OP asked what the Legal position is and IANAL but I would imagine he owns half that house
Up to you OP but it sounds like its half yours if you want it

Disagree in the main

The only way there would be different advice is if she had had dc and taken time out to look after them.

No dc? jog on love

Provided there is a valid trust declaration in the transfer deed (and I am 99.999% sure there will be) OP is entitled to half the net proceeds of sale.

Legally (what he asked about) AND morally. The fact that some posters think he's not morally entitled to it beggars belief. Are people not morally entitled to keep a gift? Would Op not have benefitted from the last 5 years of property price increase had the house been purchased subject to mortgage rather than using an inheritance?

@prh47bridge Maintenance of the house! This could be a lot of money spent by the op - or nothing. That could matter.

Maintenance of the house! This could be a lot of money spent by the op - or nothing. That could matter.

It matters not a jot if the OP spent a fortune on maintenance or nothing at all. The OP's partner gifted them 50% of the house 5 years ago. They cannot renege on that gift now.

Yes and no! We don’t know how they own the house(tenants in common or joint tenants). It’s not definite that he owns 50%, just that they jointly are on the deeds. If she gets a good solicitor he may well get less than 50% and certainly can’t force her to house him indefinitely, he’ll either have to buy her share out (that could be more than half) or sell.

He needs legal advice asap, and to accept one way or another, the house will probably be sold.

@NowSober It certainly can matter. As above depends on agreements and ownership.

The house is jointly owned by the OP & his errant partner who gifted him half the house five years ago. Whether the OP has been responsible for maintaining the house is irrelevant. The errant partner cannot legally renege on her gift of half the house.

But we don’t know she’s gifted half the house! If they aren’t tenants in common it’s not certain a 50/50 split. If he’s not spent any money maintaining or improving the house, she’s entirely paid for it and the upkeep, then if it goes to court and she’s got a good solicitor he may well be awarded well below 50%.

if she’s also an older women, had no legal advice before putting the house in both names, the OP needs to be careful he’s not accused of coercive behaviour and forcing her into this.

So it does matter if he’s done things like paid for a new bathroom or kitchen, it’ll increase his chance of getting closer to 50%.

either way, the house is going to have to be sold.

You are overcomplicating matters. The house will be sold & proceeds divvied up 50:50.

Do nothing until you have spoken to a solicitor.

The property is legally 50% yours. Morals are irrelevant, sorry to contradict others here. A solicitor would probably suggest the house is sold, costs are half each, then you both move on with 50% each. Good luck to you, male or female.

She gifted you half therefore you legally own 50%. She has behaved despicably towards you. Sell the house take your 50% and start afresh with a clear conscience. I hope you're experience doesn't prevent you finding happiness with a honest trustworthy woman. They do exist. Good luck.

Did you pay towards mortgage? Did she buy the house outright? If you paid mortgage you should deduct what she paid as deposit then split equity in half. If you have never paid anything towards the mortgage and you just paid shared bills then you need to move out. She bought the house with her Dad's money. He wouldn't have meant you to get his money. You don't have a long marriage and the house was not even bought until 5 years ago. Think of this you have had 5 years of free rent. You can claim your state pension so should move out and let your wife move back in.

Whether OP paid towards the mortgage is irrelevant. Similarly, whether he has paid anything towards maintaining or improving the house is irrelevant. These are things that may have helped him establish an interest in the house if it was in his ex partner's name. It isn't. It is in joint names. Unless it is owned as tenants in common and there is a deed of trust setting out a different split, he is entitled to 50% of the equity in the house.

It's not stealing as she put his name on the deeds so there is no dishonest appropriation, a critical element of theft.

Why are you trying to discern nationality? How is that relevant?

Bollocks to that! She wanted him on the deeds and she cheated

Legally - depending on how it's held - it's either 100% yours or 50% yours. That is the sole legal argument here. You can't be removed from the deeds without your permission. Morally it's more dubious but you are perfectly entitled to remain in the property and take 50% of any proceeds from any sale (assuming it's held jointly or as a 50% proportional share).