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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
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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I co-own a house with my ex-girlfriend who, following

Resolved Question:

Hi,
I co-own a house with my ex-girlfriend who, following our break-up emigrated to Australia. We rented the house out for two years following the split but did so without gaining an appropriate update to the mortgage (i.e. buy to let). Given the risk I moved back into the property last February and have been paying the mortgage (and all bills) for the last 14 months. She hasn't made any contribution to the property since moving to Australia (i.e. during the rental period or the last 14 months). I am in the process of trying to buy her out of the property by re-mortgaging/equity transfer (and adding my current partner to the mortgage/deeds) but just want to understand if I have any legal rights to make deductions based on her lack of involvement in the house, particularly taking into account that I've made all required payments during the last 14 months (amounting to over 16K worth of payments excluding council tax and utilities). I'm hoping that conflict can be avoided and we can settle on a fair figure but want to see where I stand should her demands exceed my offer (which is based on appreciation + initial deposit split in half plus payment holiday figure of 3 x 3 months totaling around 9K including deductions for upkeep and repairs I covered during the rental period).
Please let me know when you have a spare moment.
Thanks in advance.
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years 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.
How much is the property worth and how much is outstanding on the mortgage?
What happened to the rent received from the letting
What repairs have you paid for
Clare
Customer: replied 2 years ago.

Thanks for coming back Clare.

Happy to clarify.

The property has been valued between 350-375K

There is 208,550 outstanding on the mortgage

The rent received for letting paid the mortgage and letting agent fee

The repairs and charges paid are outlined in table below.

I took three repayment holidays totaling 11K. I have said that I will include this in the buy-out figure agreed minus the cost for repairs and charges detailed below.

Hopefully this helps. Let me know if you have any further questions.

Thanks









































£ 350.00Cooker repairs
£ 350.00Central heating repairs
£ 587.50Finders Fee (fixed fee plus VAT)
£ 105.75Gas certificate (cost includes VAT)
£ 786.65New Range Oven (replacement)
£ 75.00Renewal Fee
£ 650.00Boiler Replacement - First installment
£ 700.00Boiler Replacement - Second installment
£ 587.50Finders Fee (fixed fee plus VAT)
Expert:  Clare replied 2 years ago.
Hi
What does the "Finders Fee" refer tp?
Clare
Customer: replied 2 years ago.
Finding a new tenants.
Expert:  Clare replied 2 years ago.
Hi
Was this not paid from the rent?
Clare
Customer: replied 2 years ago.
No. There wasn't enough surplus from the rent payments so I paid it and reimbursed myself later.
Expert:  Clare replied 2 years ago.
Hi
For clarity - all those repairs were done whilst the house was rented out is that correct?
Clare
Customer: replied 2 years ago.
Yes, that's correct. All minor repairs and replacements since moving into the property have been paid by me.
Expert:  Clare replied 2 years ago.
Hi
Just to clarify - you accept that you need to give credit for the mortgage holidays (I assume you were living there during that time) but you wish to deduct the £4,000 or so covered by the list
Clare
Customer: replied 2 years ago.
That's correct. Do you need any further information/clarity?
Expert:  Clare replied 2 years ago.
Hi
No that is fine.
When looking at the division of the equity you cannot claim anything in respect of the mortgages and outgoings incurred whilst you were living in the property, but the items that you have listed represent "joint" expenditure and that amount should be deducted prior to the division - and then added to your share at the end!
On the roughest of calculations if the property sells for £350 k then she would get £74,000 at most
Having said that I would be minded to ignore the mortgage holidays since technically it benefited her as well!
i hope that this is of assistance - please ask if you need further details
Clare
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