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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Good evening, I have a question regarding property law. When

Resolved Question:

Good evening,

I have a question regarding property law.
When I met my partner in 2010 she was in severe financial difficulties however lived in £280,000 house, of which there was alot of equity. She requested me to go onto the mortgage which I did so that she could secure the house and refinance. She also lent me some money to pay off my remaining debt with the equity released. I did not need this as I was managing my finances fine. However I paid half towards the mortgage and bills for about 12 months, then I moved out. I continued to pay her half as I believed I needed to pay off what I had owed her. Then we split up and she was once again in financial difficulty and she asked me to release some money to pay her what I owed her and more so she could pay off another credit card which she didnt do. She then requested me to stay on the mortgage after we had split up so that once again she didnt have to move and change the family home which she had when her children lived with her. She then got into more financial difficulty and missed 2 mortgage payments despite me asking if she needed any help and offering to pay. She has now met a man who is fairly weathly and jointly they will pay the mortgage off. While I will be left with a damaged referance report for potentially 6 years. She has offered me £1000 which is 1% of the equity and the growth in value I feel I have suffered as a result whilst she has gained at least £10k through me being on the mortgage. While I was using goodwill and staying on the mortgage so she didnt have to move and therefore lose equity and live in a less desirable location. Is there anything in law suggesting betterment or consequential losses? I realise this may make me sound like a greedy man, however I am not I just feel that the only person to lose out of this is me where as she has gained alot.

I really do hope you can help

Many thanks

Scott
Submitted: 2 years ago.
Category: 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 house worth and how much is outstanding on the mortgage?
Did you sign a Declaration of Trust when you went on the deeds
How much did you receive - and how much did you give back?
Clare?
Customer: replied 2 years ago.

Good morning,


 


Thank you for your prompt reply.


 


The house is now worth £300,000, it was worth £280,000. The equity in the property is £90,000. There was no declaration of trust signed.


 


I recieved around £9,000. I paid back nearly £11,000.


 


I hope this helps.


 


Thanks again.


 


Scott

Expert:  Clare replied 2 years ago.
Hi
Just to check then - when you referred to the 1/99 share this is simply what she was offering.
What was discussed at the time about what your interest in the property would be?
Clare
Customer: replied 2 years ago.

Hello,


Apologies for my late response.


The land registry report states we are tennants in common and that split is 99% - 1% in her name.


There was a discussion regarding me not trying to take money from the equity already in the house when we broke up.


 


 


When she remortgaged (and I went on the mortgage) she freed up £9000 to pay my debts off. I was paying £700 for 8 months at which point we started to have difficulties in our relationship so I moved out. So I was paying rent elsewhere. I continued to pay her £500 a month but we continued in a relationship untill May last year at which point she asked for another £3700 to help her clear her credit card. So my total payments to her were £13,300.


I was paying half the mortgage while I was there, plus half her petrol costs, plus csa to one of her children (who lives with his Dad) and half the bills. When I moved out I did cease payments to the mortgage and paid my debt off to her at a rate of £500.


When we split I agreed to stay on the mortgage to stop her from having to sell up and move.


Am I correct in thinking that I can be asked to pay 1% of the mortgage for the time I havent been there as well? Or is it a totally seperate thing and therefore I am required to pay half the mortgage despite the ownerhip of the house being 99% and 1%.


 


Many thanks.


Scott

Customer: replied 2 years ago.
Relist: Answer came too late.
Time of response not quality
Expert:  Clare replied 2 years ago.
Hi
My apologies I have been off line
For that to be the split you must have agreed to it - can you remember why you did so?
Clare
Customer: replied 2 years ago.

No problems, it wasnt your fault it was mine in taking so long to reply. Yes the 99% and 1% split came around as it was already her house. I did not put any money into it and it just my name. Hope this helps.


 


Scott

Customer: replied 2 years ago.

I agrred to the split due to it being her house and not putting money in. It was the fairest way we could think of doing it. So that I wouldnt have a large claim if anything untoward happened in the relatiknship. Which it did unfortunately!

Expert:  Clare replied 2 years ago.
Hi
For clarity.
You went on the mortgage at her request.
You got £9,000 to pay debts and over the next few months and years you paid in excess of £13,000 but you only lived in the property for 8 months is that correct?
Clare
Customer: replied 2 years ago.

Yes. Sorry I have gone around the houses to get there. Its a conveluted and strange situation to be fair!


 


Scott

Expert:  Clare replied 2 years ago.
Hi
Whilst she will argue that you agreed to the 1% and will have to stand by it
However you can in fact argue that after that agreement was made further funds were borrowed and that this altered the agreement and accordingly the return you receive needs to be re-negotiated
In addition you can argue that part of the agreement was that there would be no missed payments and she has clearly breached that part of the agreement
That being the case you should offer to negotiate with her using Family Mediation to agree a new figure.
If she will not agree you can in fact apply to the Court for an order allowing the judge to decide the matter
I hope that this is of assistance
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33807
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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