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Original poster

ex p not being fair with sale of the flat

44 replies

aprilgirl · 11/11/2005 10:13

i'll keep it short but whats happened is me and exp split up in april, i moved back with my mam and dad on the conditions that the flat would go up for sale and when it was sold i'd get back what i put in!
basically he wouldnt let me on the morgage, i was just paying him my share of morgage ect ( yeah i know now i was stupid) i was under the impression that he was paying coucil tax for me ect! now the flat has sold and i have text him asking if we can sort something out regarding money and he's told me im getting nothing!
can i do anything about this, i paid for the whole flat to be decorated and added the money he's made and i feel like i have been well and truely stung, have i left things too late i dont know where i stand? anyone out there help me? thanks in advance x

OP posts:
Original poster
aprilgirl · 11/11/2005 10:16

i since found out from him that i wasnt legally living there so as he put it i dont have a leg to stand on? is this right

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aloha · 11/11/2005 10:18

I suppose your name wasn't on the deeds (not the mortgage - the deeds - that's the important bit)? If it wasn't then it wasn't your flat. HOWEVER - I would suggest you get some legal advice. IF you and your ex agreed that you were paying towards the mortgage and decorated the flat in order that you should have part of any equity, you can sue him for the money. It's not very clear cut usually as there is nothing written down, but if that was why you did the work and paid the mortgage and you had an agreement, then you may well be entitled to some cash. See a solicitor but don't delay. If he's sold the flat then you are not in a very strong position. Did you put any of your conversations in writing? Is the flat actually completely sold? If not, you may be able to put a charge on it - basically saying that you have a financial interest in the property and that it cannot be sold without your say-so - but again, you need to see a solicitor pronto.

Original poster
aprilgirl · 11/11/2005 10:31

no its not my flat i moved in with him aftre he had it a couple of month basically i moved in and to put it bluntly it was a shit hole and he was quite happy living like that, i couldnt so i used all the savings i had doing it up, new kitche bathrom, carpets blinds, i paid for it all!! i asked him to be on the morgage which he wouldnt let me as it would cos too much but as long as my name is on council tax thats all that matters ( which my mane wasnt) can he get done for that? that flat is under offer waiting contracts i think? i taxt him last night and hes such a nasty bitter person, he just replied i'll think about what you'll get and let you know when its sold!! cant really afford a solicitor will cab be able to help me?

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expatinscotland · 11/11/2005 10:33

You can try CAB. Do you have receipts for all the money you paid to have the place repaired? Receipts for rent you paid? Etc.

TBH I think you are standing on fairly shaky ground legally, but you can ask CAB.

Original poster
aprilgirl · 11/11/2005 10:36

no i have nothing the only thing i have is bank statments saying i paid money into his bank account every month, can i get him for not paying the right council tax? i feel like ive lost money and he's fine and dandy ive been left with nothing!!

OP posts:
aloha · 11/11/2005 10:38

Go to a solictor NOW. If the flat hasn't been sold there is a chance your solictor may be able to hold up the sale and that would mean he would be FORCED to negotiate. Look in the yellow pages, call a Law Society solicitor, get your paperwork in order (showing what you bought and the money going out of your account etc) and explain you want your money back and a charge on the property. I tell you, even if your solicitor just writes to his then this will bugger up the sale - would YOU buy a flat if you thought there was a dispute over ownership?
This is a grey area as your name wasn't on the DEEDS (keep saying this but the mortgage is almost irrelevant, and council tax too when it comes to deciding ownership of the property) then it is NOT your flat and you do not own it. But you may be able to claim that you had a legally binding agreement with your ex that he has to fulfil.
I know you say you can't afford a solictor, but if want to get any money out of this sale, then I don't think you have a choice. Also, most solicitors will give you (I think) about 20minutes free. They will tell you if you have a case, and if not, you've lost nothing.

aloha · 11/11/2005 10:39

The council tax is irrelevant.

expatinscotland · 11/11/2005 10:40

No, you can't 'get him' for not paying the right council tax. Only the council can go after him if he fails to pay council tax as the owner/occupier of the flat. You were not a legal tenant, therefore not responsible for the council tax on the place.

Original poster
aprilgirl · 11/11/2005 10:43

thanks i know i sound bitter wanting to 'get him' you just would never believe the things he's done to me!! ( they are bad)

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expatinscotland · 11/11/2005 10:46

I think you'd better put your feelings aside quickly and treat this as a business transaction at any rate.

And next time, don't fall for the I don't want to put you on the mortgage b/c it costs too much routine.

If they don't want to put you on the mortgage, then have them sign a tenancy agreement and don't put a cent into improvements on their home. Can't stand how their flat is furnished or decorated? Don't live with them.

Sorry to be blunt, I know several women who lost thousands in the exact scenario you describe.

Good luck.

aloha · 11/11/2005 10:49

This is a brief outline of the law that applies to your case:

1.4.7Interest under a constructive trust

Alfred owns the fee simple in a house, Chenu. Bertha makes substantial contributions to Chenu in one or more of the following waysa) she directly pays a large part of the price of Chenu;(b) (the most likely possibility) Chenu is bought with the assistance of a mortgage, and Bertha

aloha · 11/11/2005 10:50

Look, do you want your money back? If you do, see a solictor. It will also be a satisfactory revenge I suspect.

Original poster
aprilgirl · 11/11/2005 10:52

thank you for advice, i know how stupid ive been cant quite believe it myself, but you learn by your mistakes new dp is desperate for me to move in.... luckilly he's a nice one and we are now trying for baby and my name will be going on his morgage asap!! x

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aloha · 11/11/2005 10:55

So what are you going to do about your old flat? Just wave goodbye to all the money you put it? I wouldn't.

Also, remember, you need to get the PROPERTY in joint ownership, NOT just the mortgage (though I imagine the mortgage company will expect to see that happen anyway). I think it would be very wise to decide a/in what shares you will own part of your boyfriend's flat (ie 50/50 or will he own more as he put down the deposit etc? Then if you do split up, which obviously I hope you don't, then you will know in advance what shares you own).

Original poster
aprilgirl · 11/11/2005 10:58

thanks aloha

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Original poster
aprilgirl · 11/11/2005 10:59

im going to contact solicitor on my break and see if they do a free 20 mins thanks

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aloha · 11/11/2005 10:59

Come on! Tell us what you are going to do. You definitely have a case and now is he time to do something about it!

aloha · 11/11/2005 11:01

sorry x-posted! I think you need to make it clear that you are in a hurry as the flat is under offer. I suspect that the prospect of losing the flat will force your ex to honour his agreement with you without your having to do very much. If you call the estate agent to explain that you have a legal interest in the property and your solictor will be writing to them regarding the sale, I think that might work all by itself. And would be quite fun too.

Original poster
aprilgirl · 11/11/2005 11:03

call the estate agent.. well thats another story, thats who he left me for dont think i'll have much joy there!

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Original poster
aprilgirl · 11/11/2005 11:04

hel me find solicitor in north east region... please dunno where to strat? please you sound like you know what your talking about xx

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aloha · 11/11/2005 11:12

Even if he left you for the estate agent they have a professional responsibility and cannot ignore you if you say you have a legal interest in the property.

aloha · 11/11/2005 11:14

here is a way of finding a local solicitor. Or look in your telephone directory.

Original poster
aprilgirl · 11/11/2005 12:49

waiting for a solicitor to get back to me!!! feel like im begging for my money off him

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aloha · 11/11/2005 12:51

No you aren't. You are being strong and proactive and taking steps to protect your rights whether he likes it or not! he will have such a shock to get a solicitor's letter from you! Ha!

MeerkatsUnite · 11/11/2005 13:00

I would agree with expatinscotland's comments to be honest with you.

Basically if a person cohabits and there is a split there is little to no rights on all sorts of important matters. What's his is his and what's yours is yours.

You may get some money back in terms of what you paid to have it decorated. You will need to provide proof of same though and I think he will make things difficult.

Some people have mentioned tenancy. You need to become a joint tenant. If you are the cohabiting partner of a tenant, whether in private or public sector accommodation, you will usually have no rights to stay in the accommodation if the tenant asks you to leave. It is therefore advisable for cohabiting partners to be joint tenants, as this gives them equal rights and responsibilities. Many public sector landlords will require cohabiting partners to take on a tenancy as joint tenants. It is possible to convert existing sole tenancies to joint tenancies if the sole tenant and the landlord agree.

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