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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33276
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My partner Left me last year end of October we live together

Customer Question

My partner Left me last year end of October we live together since 2011 I bought a house but I had his name on the mortgage now he wants 10 percent of 162.000 it's the value of the house when we bought it I give 37.000 deposit he just had the name on it now he wants that much and when he left he stop paying the mortgage we share bills and mortgage but since he left he stop paying so now he wants that and he says if I don't give him he will come and knock down the kitchen extension he start it 3 years a go but just walks and roof done it nothing else he hasn't finish so I need to know what's I should do what's he is intilted to I change the doors locks already because iam scared he comes and distroy the house I need to know what to do thanks
Submitted: 3 months ago.
Category: Law
Expert:  Harris replied 3 months ago.

Hi, thanks for your question. Just a bit more information required to fully assist you:

-Are/were you married to each other?

-Whose name is ***** ***** title of the property?

Customer: replied 3 months ago.
No we not married and I have a 14 years old son from my previous Marriage we both have name on it
Expert:  Harris replied 3 months ago.

Is the property held as joint tenants or tenants in common and in what shares?

Customer: replied 3 months ago.
I don't know what you mean but the only thing I can tell you is we bought the house I gave the money for the deposit and he didn't put any money but the bank put his name on the mortgage
Expert:  Clare replied 3 months ago.

My name is ***** ***** I have been a solicitor for more than 30 years.

How much is the house worth and how much is outstanding on the mortgage?

Just to check - BOTH your names on on the Title deeds?

Customer: replied 3 months ago.
both names are ***** ***** and the house worth 200.000 now but he just want 10 percent the price been bought it was 162.000 so he wants 10 percent of that
Customer: replied 3 months ago.
We still owe to the bank 117.000
Expert:  Clare replied 3 months ago.

When the house was purchased was any agreement drawn up and signed regarding shares in the property?

Customer: replied 3 months ago.
Yea
Customer: replied 3 months ago.
Well we done everything as a couple you know his name on it but he didn't have any money as deposit was my money and we share mortgage and bills
Customer: replied 3 months ago.
The house belongs to both of us
Expert:  Clare replied 3 months ago.

I do understand that - but sometimes a separate agreement is made saying that one person will have a larger share than the other.

Does that sound familiar at all?

Customer: replied 3 months ago.
Not in this case it doesn't say that
Customer: replied 3 months ago.
We haven't done any agreement I just made the mistake giving the Money for the deposit and had his name in the mortgage
Expert:  Clare replied 3 months ago.

Ok

And he has asked for £16,000 is that correct?

Customer: replied 3 months ago.
He ask10 percent of162.000 I believe is about that amount
Expert:  Clare replied 3 months ago.

I am afraid that the fact that his name is ***** ***** deeds means that he has a financial claim on the property.

Since it seems that you were not advised to protect your investment with a Declaration of Trust he could potentially claim 50% of the equity - which could be £40,000.

Even if the deposit was returned to you and the balance then divided 50/50 he would get at least £20,000.

On that basis I am sorry but his request for £16,200 and to be released from the mortgage is in fact very .

I am so very sorry to have to give this news - and to have to make it worse by saying that he is entitled to reenter the property whenever he wishes unless you get an order excluding him because of violence

Please ask if you need further details

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