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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My son and his girlfriend are splitting up they have been buying

Resolved Question:

my son and his girlfriend are splitting up they have been buying a house together she want to keep the house and ids demanding that hes out of the house and gives up the car her father has threatened to get him thrown out of the house and has threatened us what can we do
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question.
Has the house been purchased now and is it in their joint names?
Customer: replied 1 year ago.
yes it is in joint names
Expert:  Harris replied 1 year ago.
Legally as the property is in their joint names they both have the right to occupy it and, without a court order in place he does not need to leave.
If he wishes to sell the property, or obtain his share, this needs to be negotiated between them and she will need to buy out his share if she wishes to stay in the property alone. If they cannot agree this then he will need to pursue an application to court to force a sale of the property.
What were their contributions to the deposit and what is the purchase price of the property?
Customer: replied 1 year ago.
I dont know the exact figures but they have been together for 5 years he has been paying the mortgage she funded the deposit
Expert:  Harris replied 1 year ago.
Thanks - do they have a deed of trust or formal agreement about the contributions?
Customer: replied 1 year ago.
I think the agreement was verbal
Expert:  Harris replied 1 year ago.
What was the verbal agreement?
Customer: replied 1 year ago.
that my son would pay the mortgage and she would pay some other bills
Expert:  Harris replied 1 year ago.
Thank you - legally, as they hold the title in joint names they are both entitled to equal shares of the property upon sale, but it may be the case that they negotiate for her to receive the deposit solely and for him to be reimbursed his contributions but the legal position is for it to be split equally.
Customer: replied 1 year ago.
at the moment he has said that he would accept 15.000 and the car but her father has said that he will get people to throw him out and he is going to have the car whatever as he bougtht it
Expert:  Harris replied 1 year ago.
Whose name is ***** ***** in? If the father continues to threaten him the police should be contacted as this would be a police matter and it is not for the father to get involved in this dispute.
Customer: replied 1 year ago.
the car is in my sons he pays all the bills for it
Expert:  Harris replied 1 year ago.
Then the car should not form part of the negotiations as it is solely his. The only disputed asset is the property and the legal position is as stated previously
Expert:  Harris replied 1 year ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively as I will not be credited for my response without a positive rating.
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2541
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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