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Any solicitors with house dividing money experience

15 replies

Mini05 · 05/08/2015 18:17

so I owned my previous house
I then met partner who lived in rented house and 2 years later decided to sell mine and buy another property together using my equity as deposit.
So I put down 80k protected(house was 160k that we were buyer)
Partner didn't want me to pay any mortgage(as I then would own more than him%wise) so I just paid half of all the bills

So 13 years later things have gone pear shaped! We just don't get on

Today he tells me what he will get from the property!
House now worth 200k
He.... Came with nothing!
Said his 50% of house is 100k
Paid the mortgage for 13 years which equals around 37k owes 43k
And 20k equity
Making him 57k

Me
I put my 80k as deposit on house
Been there 13 years
And only getting 20k equity!!!

I'm f... Fuming and can't stop crying at the thought of him making 57k of my back!! He was in a rented house and probably would still be to this day if it wasn't for me

So I just make 20k after 13 years and he comes away with 57k!!

He's now going back into rented with a little nest egg that I helped him build

I now can't get a property for 100k now where I live, my house was my security and I have lost it!!!
I can't stop crying, and he's as happy as Larry

OP posts:
Fuckitfay · 05/08/2015 18:21

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Bubblesinthesummer · 05/08/2015 18:22

Are you married?

Fuckitfay · 05/08/2015 18:25

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Mini05 · 05/08/2015 20:01

Hi
Sorry I'm that upset I can't think straight as to the right terminology

Yes when we bought I made a declaration of trust for my 80k with solicitor in writing
We haven't got anything written to say he pays the remaining 80k on mortgage, as I said I was quite happy when we first bought to pay half the mortgage £275 but he wouldn't have it, because then I would of owned more percentage of the house! So it was decided between us that he paid it.

We are not married
We own the property as tenants in common

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Fuckitfay · 05/08/2015 21:05

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Mini05 · 05/08/2015 21:46

Thank you Fay for getting back

I will dig out the declaration out when he's not about and post what it says
Watch this space!!!

That's what I thought happened what you written, but he says he's been to solicitor and been told
House value 200k
That he get what mortgage he has paid over the last 13 years ie about 37k
Then pays back mortgage outstanding 43k then gives me my 80k which equals 160k leaving 40k 50/50 spilt 20k each
So he get his 37k plus 20k equity=57k !!!
Me 80k deposit from previous property plus 20k equity =100k

He is adamant that this is right and his solicitor told him

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Fuckitfay · 05/08/2015 22:15

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Mini05 · 05/08/2015 23:16

I remember solicitor ringing me back to say she was worried about me that I was putting my equity from my house with no protection if anything should happen in the future. She advice me to do a declaration of trust so I could get my 80k back in the advent off! ( so bloody glad she was looking out for me and my son)

Will post when I dig it out! No way is that bastard getting any of our money when he's treating us the way is his

Thank you x

OP posts:
Zillie77 · 06/08/2015 04:28

I am sorry that you are so distraught!

It seems worth pointing out that your house, having increased in value from 160k to 200k, went up by 25%. If you end up getting your original 80k back with an additional 20k you will be getting a 25% return on your original investment.

I can see how frustrating it must be to feel that your dp is making money from your investment, but if you had taken your £275 per month and put it in a non-real estate investment you would have gotten a similar or better return.

He will end up getting a higher return on his investment if he gets 20k on top of his payments, though, and that doesn't seem very fair. But I guess you will have to see what your agreement says.

Good luck.

Mini05 · 06/08/2015 14:07

Ok found declaration
Here's what it says

WHEREBY in the said transfer the property is stated to be held by the trustees as Tenants in Common THIS DEED HEREBY ACKNOWLEDGES AND CONFIRMS that the equity shall be held as follows
As to the initial sum of EIGHTY THOUSAND POUNDS £80,000 in favour of
......... (Me)
As to the residual equity
Fifty per cent 50% in favour of ........ (Me)
Fifty per cent 50% in favour of .........(him)

The TRUSTEES hereby declare that they own the freehold property of .......................in trust as Tenants in common in proportion before mentioned.

There's a bit about saying that if either of us wish to dispose of there interest in the property such interest should be offered to the other person at. The then market value. In invent of dispute to market value a independent surveyor.

I haven't slept all night, and I can't stand to be in the same room as him.
We are not communicating, it's an awful atmosphere to live in.

OP posts:
Fuckitfay · 06/08/2015 14:18

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Mini05 · 06/08/2015 14:31

Thanks Fay for getting back so quick
There's nothing definitely about him recouping his mortgage payments back!! Thank god

Am I right in presuming your a solicitor?

Thank you x

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Fuckitfay · 06/08/2015 15:15

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Zillie77 · 06/08/2015 15:55

So happy that it is turning out well!

Mini05 · 06/08/2015 16:35

Thank you so so much for your help Fay, I am so relieved that he is not due back any of the mortgage payments!

He's been walking round the house singing! Like he thinks he's got one over me and he's now sitting pretty on his nest egg of my investment. He's in for a shock.

I have been onto building society to see defo how much is outstanding and how many years left.
I need to work out my finances now.

Fay you don't happen to live in the Manchester area do you?

Thanks Zillie for your wishes x

Xxx

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