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Hi, welcome to Just Answer. I will help you with your question.
Is there no way you can keep up payments on your mortgage?
You've rated bad service - why?
I haven't had chance to chat with you yet!
I said that I'm working long hours to pay the mortgage and bills so that's fine, I need help and advice in whether she is entitled to half of the profits of the house if I sell as her name is on the deeds or whether I have a case to fight it.
OKay. Did you agree who would be entitled to what when/if you ever split?
Did you agree anything like that when you bought the house together?
We didn't buy the house together, she moved into mine. I bought in 1996 and she moved into the house in 2000/2001.
I should have used the word "acquired" - it's the same in this context as you added her name to it.
When she moved in - and you put her name on the legal title - did you agree anything about who owned what percentage of the property?
You see, you've added her as owner, which on the face of it, means she owns the same as you.
Verbally it was agreed that it was still my house and that's why I paid all the bills. I only put her name on the deeds just in case anything happened to me. I realise now that I should have just done a will instead of that.
Okay. Fair enough. And she agreed to that, right? That she effectively owned nothing unless and until death?
OKay. Then what you're saying is that there was an express agreement she would hold the property on trust exclusively for you, unless you died, she would then get the property. So, you are saying she doesn't own anything, she is just a paper owner for your benefit whilst you're alive.
As such, she would not be entitled to anything when the property is sold - as you'd agreed that she had no interest in the property save for being a paper owner in case of death.
So no, she wouldn't be entitled to anything on sale.
Does this answer your question?
how can I prove that we had a verbal agreement as she can easily deny it. do I get charged extra for this ?
No - you dont.
Basically, it's your word against hers.
It comes down to who the court believes.
However, if you've agreed to own as joint tenants when you put her name on the title, this is going to go against you and will be the starting point for a court - half each.
ok but I don't want to end up paying a solicitor thousands of pounds when at the end of the day she gets half the house.
No I don't blame you. At the end of the day though, it's down to whether you intend to fight her or not.
It's always a difficult one when its verbal agreements as you can imagine, a lot comes down to how you come across when examined at trial.
is there anything extra that will help my case please