Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

Relationships

Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Flip

1 2

Original poster

where do i stand with the house?

33 replies

rachjones2009 · 03/05/2019 14:47

I am currently going through a split, i am 26 with a 4 year old, house, dog etc. The house we have had for the last 4 years is going up for sale.. i paid the deposit of £10,000 and i have paid for the mortgage - where do i stand? i need to come out of this and be able to buy somewhere for me and my daughter (i do not want to rent) my daughter also starts school in September and she has been really affected by it all (crying constantly and will not let me put her down) so i need to get it done as quick as possible. could i stop him from taking any profit?
Thank you

OP posts:

GoldenEvilHoor · 03/05/2019 14:49

This reply has been withdrawn

Message from MNHQ: This post has been withdrawn

Ceebeegee · 03/05/2019 14:52

If you've only had the house for 4 years, there is a chance you may not have built up enough equity worth selling the house for after all the fees. You need to see a solicitor notwithstanding

Original poster

rachjones2009 · 03/05/2019 14:54

yes we are married but only for 7 months.
the solicitor said if i choice to go with them they could get him out the house due to having my mortgage statement proof but i am hoping not to use this route.

OP posts:

Monkeybunkey · 03/05/2019 14:54

Who actually owns the house - who is on the deeds and named on the mortgage? You may have paid it all, but if your ex is named as joint or co-owner you will not necessarily get everything yourself.

Singlenotsingle · 03/05/2019 14:54

It t depends whose name the house is in. Your name, hopefully?

adaline · 03/05/2019 14:54

Are you married? Whose name is the house in? How long have you been together?

Original poster

rachjones2009 · 03/05/2019 14:57

if we have £80,000 left on the mortgage and get £110,000 for the house - £2000 for selling fee's? hopefully my mortgage provider will do something as i would like to take out a new mortgage with them for a new place? wouldn't we have £28,000 to come out with? i have never sold a house before

OP posts:

Original poster

rachjones2009 · 03/05/2019 14:58

The house is in both of our names but i paid the deposit (I have all the proof from my bank statements etc). I also pay the month;y payments.

OP posts:

Original poster

rachjones2009 · 03/05/2019 15:01

its in both names.. he has done wrong which is the reason for the split. all i would like is my deposit back and to split the profit :(

OP posts:

LRL2019 · 03/05/2019 15:03

Going through a similar situation. They have martial home rights. Therefore ex is refusing every offer on the house and I've applied to court as part of divorce to sort it out

Notquitemyselfanymore · 03/05/2019 15:07

I was in a similar situation in a previous breakup, although no kids so I would imagine that would possible change things.

We split deposit but ex-h paid monthly mortgage payments and I covered some bills and our fun money. He tried to argue with me that I was entitled to nothing from the sale of our house. Solicitors to fight that argument would have cost a lot of money when the equity in the house was only about £20k. In the end it was split 50:50. But as I said, there was no children in our situation and I think that would change things if you are going to have main custody of your child.

Missbee90 · 03/05/2019 15:10

Sadly because you’re married the the house is in both names the fact you’ve paid the mortgage and put the deposit down means very little. I put a £50,000 deposit down and the house had made equity but my ex husband was entitled to half and ended up walking away with over £50,000.. I had a gentleman’s agreement drawn up but because we were married it meant very little. We didn’t have children so it may make a difference but if I was you I’d get a good solicitor if you think he’s going to fight for money. I hope he doesn’t the decent thing and allows you to walk away with what is yours xx

Missbee90 · 03/05/2019 15:11

Sorry precious post should say *And the house is in both names” not the the! X

Missbee90 · 03/05/2019 15:12

*Previous not precious! Sorry I clearly can’t type today!!

UnicornDust9 · 03/05/2019 15:16

Your married. More then likely a 50:50 split of deposit & any equity.

You may be able to get slightly more if your the main Carer of the child

Original poster

rachjones2009 · 03/05/2019 15:17

thank you, i went straight to a solicitor (free hour) and they advised that they could get him out due to only being married 7 months and having proof for what he has done (cheating)... i am trying to be nice and i really do not want the solicitor fees to eat the equity in the house :( do i just need to lump it? all i would like is enough to get sorted.

OP posts:

lifebegins50 · 03/05/2019 15:18

As a short ish marriage you maybe in a stronger position but it will cost you more to go to court.

Is he likely to be amicable?
Could you propose 10k deposit returned and then 50/50 on equity so £19k to you and 9k to him.
Worse case is you settle for 50/50 and get 14k each. He won't get more

Just think on selling fees..check estate agents but usually 1% so 1.1k plus VAT. Then legal fees & moving fees so 2k is reasonable.

What about house hold goods?, that can often be contentious.

Original poster

rachjones2009 · 03/05/2019 15:21

house hold goods would not be an issue - the only thing he put in would be the sofas everything else is mine.
i was hoping to take out the 10k, pay off any loans, pay the fees and then split the remaining - he would come out with about 5k.. he cheated.. hes in the wrong!!

OP posts:

category12 · 03/05/2019 15:51

Legally whose fault it was is irrelevant when it comes to the division of assets. Don't rush it, do it right.

LemonTT · 03/05/2019 15:57

Some issues that will impact on the settlement are whether you lived together before the marriage, how you managed the household finances throughout the relationship and if he is the father of your child.

I am not sure I would put much stock in a solicitor who told you his cheating would improve the settlement.

Re your options can you not stay in the house to avoid paying sellers fees, surveyors fees, legal costs and stamp duty on a new place ?

Missbee90 · 03/05/2019 15:58

Could you possibly look at doing a remortgage and buy him out the house? This is what I did and so pleased I looked it as an option x

Missbee90 · 03/05/2019 15:58

(Once a figure has been agreed I should’ve said on my previous post)

Singlenotsingle · 03/05/2019 15:59

It doesn't sound as though you protected your deposit with a declaration of trust?

Missbee90 · 03/05/2019 15:59

So sorry to hear he cheated.. my marriage only lasted a year and 10 days .. together 11 years for that.. baffles me as to why they bothered getting married. I was told short marriage wouldn’t make a difference as we had lived together for a long time before that and they take that in to consideration too x

Ilovemylabrador · 03/05/2019 16:00

I would suggest buying him out and not moving if you can - saves you money and housing market is down at the moment

Flip

1 2