How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Solicitor
Category: Family Law
Satisfied Customers: 7617
Experience:  UK solicitor
28732269
Type Your Family Law Question Here...
Thomas is online now

We have recently bought a house and he has moved in, my furniture

Resolved Question:

We have recently bought a house and he has moved in, my furniture also moved in from my current house. I haven't moved in and I'm splitting up with him. We both paid deposit for the mortgage, I paid more than him and we have a joint mortgage. I want to have the house, but he won't let me and he has changed the code for the alarm so that I can't get in when I don't have his agreement to be in.
I would like to have the house, where do I stand for this?
Submitted: 3 years ago.
Category: Family Law
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your question.

Are you married to him?

Are there any children of the relationship?

Did you execute a declaration of trust stating your specific percentage interests in the property?

Kind regards,

Tom
Customer: replied 3 years ago.
Hi thanks. We aren't married and no kids. We lived together before in the past for 5 years in his house while i was paying towards to the mortgsge then we broke up. I left with nothing. In the meantime, we had bought an offplan property that i paid £19k deposit, but i gave it up when we broke up. A year later, we got back together, but we lived separately till this January he moved into my house as we were buying a house together. He's lived here for the last 5 months then moved into the new house we bought which I put down about £38k depsit down. I haven't moved in yet. He's asking me to pay mortgage and said he won't sell his share to me unless I pay £100k. He paid £33k deposit I think. I haven't said anything about how much I want to sell my share. I want the house.
Expert:  Thomas replied 3 years ago.
Hi

Thanks for your reply.

I will be able to answer at 9 am.

Kind regards

Tom
Expert:  Thomas replied 3 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.


First of all, if you and you partner presently hold the house jointly (as joint tenants) then each person's share would pass to the other upon death regardless of any directon made in any Will. If this is not what you want then you should sever the joint tenancy by using Form SEV from the Land Registry (you will have to send it to them and if you have any questions about completing the form you should call their customer service number - they are very helpful):-
http://www1.landregistry.gov.uk/publications/?pubtype=49


You will then hold you interests as tenants in common, meaning that your respective shares will pass according to their wills or under the intestacy rules. Your partner need not sign the form provided you follow the instructions.

Ultimately, it’s quite difficult to get a court to order that the property should be transferred to you but you can create conditions which might compel him to sell the property to you.

You can force the sale of the property by making (or posturing to make) an application to Court. If your partner cannot demonstrate sufficient finance to receive a mortgage offer to buy you out and transfer the equity in to his name then this may be your only option. A local solicitor would be able to do this for you and these orders are seldom refused by the Court.

If he sees that you are serious about doing something about the situation by posturing to make an application for an order for sale then you might find that he ends up willing to agree to transfer the property to you after a while, you could incentivise this with a slightly better settlement offer than he might expect to receive at court after the pressure has been on for while.

However, in the absence of any express agreement confirming how much you each own (ie. a declaration of trust executed by both of you) there is presumption that the proceeds of sale are split equally, however if either party contributed more the financing of the purchase or has maintained the majority of the mortgage then this may be taken in to account and they will receive more of the proceeds of sale. However, if one party disputes a proposed split the only way of obtaining an unequal share is by applying to court.

If you are jointly named as a owner of the property then you have the same right of access to the property. If he won’t give you the alarm codes then I would write to him advising that you will attend with a locksmith to effect re-entry and will advise the police. The police won’t do much about this because it is not a criminal matter but if the alarm is going to go off for a period of time until you can get a technician to disarm it then they will want to know. In anticipation of this, the police will probably encourage your partner to give you the codes ahead of time after you have proved that you do own the property.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 3 years ago.
Hi Tom, thanks for your reply.
I'm still a bit lost about what I should do.
I have furniture in the house. Should I proceed of moving them to the house I'm living in that I own solely?
He said he will consider of making me an offer to buy me out.
Not sure how much.
I have paid thousands towards to the chandeliers and other stuff in the house we jointly got mortgage with. Is he liable to pay the money back to me as I don't live in the house as I have never moved in apart from my furniture. I was supposed to rent my house out after moving out.
He said if we end up in court he will win as the court wouldn't make him homeless. He has two properties that both have been let out.
I have two properties are let out too, also the one I'm still living in.
Am I right here I can arrange removal van to get my furniture any time I can?
Am I reliable to pay any mortgage at all?
I would appreciate if you could give me advice on how I should start to sort this mess out.
Thank you.
Expert:  Thomas replied 3 years ago.
Hi,

If the furniture in the property is solely yours and you did not have an agreement that you would both own them then you can arrange to have them removed.

If there are items which you jointly own then there is a presumption that you own them equally so you will have to come to an agreement with him so that one person buys the other person out of their interest in the jointly owned items.

He's wrong in that if you were to apply to court then they would almost certainly grant an order for sale eventually because the courts do not order people to remain exposed to mortgage liability where they do not wish to be.

If you are both jointly named on the mortgage (you will be) then you are both jointly and severally liable to the mortgage lender. This means that the lender can sue either or both of you if the mortgage is not paid. So, you need to ensure between you that the mortgage remains being paid to guarantee that the lender will not take enforcement actin.

Kind regards,

Tom
Customer: replied 3 years ago.
The mortgage payment had gone out of his account and he has asked me to pay my share. I'm reluctant to pay as I don't live there.
So you think if we end up in court, I still get chance to buy him out to own the property?
Howver, if he's willing to pay me out, how much should I accept or how much is a reasonable amount?
The deposit I paid for the house and the other expenture I spent?
Anything I can do if he refuses to pay me the money?
I also paid his credit card off of £5500 in Jan to be kind to him, he originally said he will pay me back with standing order, but never done it then I said forget about it as I was being nice to him. Can I ask that back?
Expert:  Thomas replied 3 years ago.
Hi,

If it is the case that you both want to buy eachother out then the most likely order that would be made by the court would be that the property is sold and the equity split between you both.

As to what would be regarded as an acceptable settlement amount, I cannot comment because this is something that only a solicitor who has taken your detailed instructions and had access to the full financial records would be able to do. You need to have a consultation with a local property litigation solicitor on this.

As to the credit card you will have to ask that this sum is taken in to account in determining what is a fair split of teh equity in the property. If it is not agreed and you just put the issue to the side in order to resolve the situation with the property then you will have to obtain a separate money judgement on the sum against him at county court.

You're probably aware of this, but your situation is complicated and if he is disputing your proposed resolution to it then you need to instruct a solicitor in the normal way.

Kind regards,

Tom
Customer: replied 3 years ago.
Hi Tom,
The £5500 I paid for his credit card was solely for his expenture, not mine.
He lived in my house for 5 months before we got the new house and never paid a penny. I asked him to pay me something towards it. He refused to. Is that anything I can ask for?
So you think I should start on moving the furniture back and in the meantime I can ask him how much he should pay me back but with a solicitors instruction.
Also am I ok not pay him the money towards to the mortgage? As I don't live there?
Expert:  Thomas replied 3 years ago.
Hi,

As to the occupation in your house for 5 months, you can only claim monies if it was agreed between you both that he would have to pay for his occupation.

If you own the furniture solely then you can claim it, yes.

Not paying the mortgage is dangerous even if you do not live there because, as I have stated above, if this results in mortgage arrears because he does not cover your part then this could mean that the lender takes enforcement action.

Please remember to rate my answer.

Kind regards,

Tom
Customer: replied 3 years ago.
He has made the mortgage payment already, only asking me to pay my share which I don't want to give him. Do I have to give him money even he owe me other money which is a lot more.
Expert:  Thomas replied 3 years ago.
Hi,

If the mortgage has been paid for the month then it's purely your decision.

If you consider that he owes you money for other matters then you can use it as reasonable justification to withhold.

Tom
Customer: replied 3 years ago.
Thanks Tom.
How about the money I paid towards to his property in the past for 5 years and the £19k I paid for the deposit to buy another property? I did sign some paper work he has produced himself that I give the money up. Do I lose all that?
Expert:  Thomas replied 3 years ago.
Hi

Well, I don't know what you signed so its difficult for me to say whether it's lost or not.

If you signed a confirmation that it was a gift then it will be difficult to get it back.

Please remember to rate my answer.

Kind regards

Tom

Thomas and other Family Law Specialists are ready to help you