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Selling house- joint tenants no DOT

2 replies

SukiLouie · 31/08/2024 20:04

Hi all,

this is my first ever post- been having an absolute nightmare of a time the past two months!

long story short, had a baby and at 7 weeks split from partner due to addictions, alcoholism, lies and infidelity. Baby is nearly 4 months old now.

lived in our house together, but due to his bad credit score and extensive debts, I was put on the mortgage as a joint tenant with his mother- who paid the deposit for us to buy our first home together. Been there just over 4 years.

now we’ve split, she isn’t happy I’ve kicked him out and obviously wants her deposit back, wanting to cut ties with me financially.

she’s sent 3 solicitor letters threatening to take me to court, charge all kinds of fees, demanding the 60k back in 28 days, the house to be sold within the month etc. all quite stressful with being a newly single mum to a young baby but we move!

now we got land registry search, joint tenants with no declaration of trust that she gets deposit back plus 50% share.

i paid majority of mortgage into a joint account he has access to and then was transferred into her account, and ex partner paid extra £100 and bills. Making it fair respective of our incomes.

She paid council tax for 3 years to help him out and we also had lodgers for 3 years to help ease living costs to get him out of debt. he just got worse and racked up over £5k in unpaid gas and electric, £10k in credit card and overdraft and probably more…

now I’ve accepted I have to move out (just went on benefits and moved all utilities in my name) as it’s too expensive for a single mum with low income on maternity leave, but the mother wants her £60k back.

which is completely fair- she gave us that money to get us our first house and we were obv very grateful! But she also wants 50% equity to give to her son. And he’s not on the deeds or anything, we’re not even tenants in common that her share would go to him if she passed away.

Ive got people coming to view house next week and house could be sold very quickly as in nice condition and good location.

Do I have to do what she says and let ex have a share of the house when he’s not legally entitled and morally doesn’t deserve it either.

Or can I stand my ground and state that we are joint tenants therefore I get my 50%, seeing as I’m the one that’s paid the majority of the mortgage for 4 years.

I don’t want to spend loads on solicitor bills, I’m lucky as it is that my family has helped out financially so don’t wanna take the mic spending ££££ when im already in an uncertain financial position

OP posts:
Spatchula · 31/08/2024 20:08

You're going to have to speak to a solicitor. The CAB may have a good free legal option. If you're not working you may be able to get some financial aid.

SukiLouie · 31/08/2024 20:30

Thank you.
We’ve had two appointments so far, but don’t want to keep spending money on them going back and forth.
they did initially advise we may be able to get legal aid on grounds of domestic abuse but that doesn’t really apply to this situation

OP posts:
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