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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33281
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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if my ex only had her name on the house and I paid it off.

Customer Question

if my ex only had her name on the house for only 2 years and I paid it off. Does she still have the right to half the house

Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Could you explain a little more about the background to your question please
Clare
Customer: replied 1 year ago.

I have lived with julie for over 15 years. She was married to a bankrupt so could not have her name on anything, just in case they came after me for the money he own.

2 years ago I put her name on the house to keep her happy. I then paid off the loan with money I got from BT in a settlement from an employ triunal.

Julie walk out on me on Monday had has said she wants half the house. She has never made any payments towards the house. I am will to pay some kind of settlement but not half

Expert:  Clare replied 1 year ago.
Hi
How much is the property with and how much was outstanding on the mortgage?
What financial contribution did your ex make to the household?
Clare
Customer: replied 1 year ago.
The house was 52,000. I paid off 39,000
Julie paid the council tax and phone bill
Expert:  Clare replied 1 year ago.
Hi
What was the time delay between the Transfer into joint names and the Redemption of the Mortgage?
Clare
Customer: replied 1 year ago.
About 2 years
Expert:  Clare replied 1 year ago.
Hi
At the time you paid it off did you and your ex discuss what this meant to your shared of the property?
Clare
Customer: replied 1 year ago.
No
Expert:  Clare replied 1 year ago.
Hi
Ok
Did you consider what it would mean?
Clare
Customer: replied 1 year ago.
No I did not think she would leave me
Expert:  Clare replied 1 year ago.
Hi
Are there any children involved?
Clare
Customer: replied 1 year ago.
None
Expert:  Clare replied 1 year ago.
Hi Gary
You do have a serious problem I am afraid
When you transferred the house into joint names without protecting your investment in any way you gave your ex a gift so on the fact of it yes she is indeed entitled to 50% of the equity and could force a sale.
Obviously you can argue against this and say that you did not mean to give her such a generous gift BUT it will be an uphill battle - not impossible but difficult
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
What you need to do is basically damage limitation.
You need to try and negotiate with your ex using Family Mediation
www.familymediationhelpline.co.uk
Please ask if you need further details
Clare
Customer: replied 1 year ago.
Clare we are not married does that change things
Expert:  Clare replied 1 year ago.
Hi
Sadly no not at all - except that it does mean that she cannot get MORE than 50%
Clare

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