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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I was with my partner for 4 years and lived together for

Resolved Question:

I was with my partner for 4 years and lived together for 2years, the house is a joint mortgage. we are not married. she paid 10k deposit I paid 15k. there was only a verbal agreement that I would get the 5k back if we ever sold the house. as such she never made any contribution to the 5k. since the separation she is now claiming she should only pay half of it as it comes under the overall cost of the house.
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Customer: I am having to re- mortgage to buy her out and get her off the mortgage but the current mortgage provider will not lend any more money so I have to get a new one which will cost me 8k in early repayment fees plus the costs of transfer of equity. should I be asking my ex to pay for half of these costs or is it my responsibility as it's me that is re-mortgaging?
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

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

-Is the property owned as joint tenants or tenants in common, if the latter in what shares?

-Are there any formal agreements or deeds of trust in place?

-What is the value of the property and outstanding mortgage?

Customer: replied 11 months ago.
property is owned as joint tenants.
not sure on the second point please clarify
value of property is 290k mortgage is around 200k.
Expert:  Harris replied 11 months ago.

Did you sign any formal agreements between each of you, or a deed of trust outlining you would be entitled to the extra £5000?

Customer: replied 11 months ago.
No. It was a verbal agreement and done on trust..
Expert:  Harris replied 11 months ago.

Thank you. The legal position, unfortunately, is that you are both entitled to an equal share of the property in accordance with how you hold the title - therefore 50% each, despite the unequal contributions to the deposit. However, given there was a verbal agreement and intention that you would receive £5,000 in accordance with your increased contribution you would be in a position to apply to court to seek this if she does not agree - this can be done using form N1 and a £355 court fee.

In relation to the remortgage costs, as you are seeking to do this to release her name and her liability from the current mortgage, it would be reasonable to seek her payment of a share towards the costs of transfer.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Customer: replied 11 months ago.
In relation to the mortgage and cost of transfer does that just relate to the transfer of equity form costs and/or the early repayment charge on the current morgage.
Expert:  Harris replied 11 months ago.

You can attempt to agree for the full amount - as her liability for the mortgage is ending it would be reasonable for her to share the early repayment charge.

Harris and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you for the advice. Rating now.
Expert:  Harris replied 11 months ago.

Thank you. I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris