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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34471
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Claire, a house I joint owned with my ex has just been sold.

Customer Question

Hi Claire, a house I joint owned with my ex has just been sold. We were co-owners and I paid half of everything except the initial large deposit and the first £25,000 building/renovation costs. He has sent me a break down of everything spent on the house both before and after we were together. The house has taken two years to sell. While I was gone he spent money finishing off the renovations so it would sell at a better price. He has included these costs when calculating what he owes me. He has also included a joint car payment (my car) which we paid jointly only why we were together. He is essentially taking his payments back from the final amount the house sold for. Hope that bit makes sense. My question is, is that unfair of him to take back the money he paid on my car while we were together? And also, legally am i actually entitled to half of everything, including his deposit etc? Not that I would take it off him but would use my legal status as leverage for asking him to knock off the car payments he is including in his monies owed.
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionI will do my best to help you but I need some further information firstHow much was the deposit - and was a Deed of Trust drawn up to protect his investment
Customer: replied 2 years ago.
Hi Claire, the deposit was £30,000 then he spent another £25,000 on initial renovation cost.
Many thanks,
Amy
Customer: replied 2 years ago.
I don't think there was any deeds written up to protect his cash, no. Unless he sneaked something under my nose to sign. But I don't think so.
Thank you,
Amy
Expert:  Clare replied 2 years ago.
How much is the house worth and how much is outstanding on the mortgage?
Customer: replied 2 years ago.
House sold for £265,000 and the mortgage was £179000
Thanks
Expert:  Clare replied 2 years ago.
How much has he offered you?
Customer: replied 2 years ago.
Half of the equity that is left after he has taken off all building costs before and after I left and his half of the car payments he made while we were together.
Regards,
Amy
Customer: replied 2 years ago.
This amount comes to £23, 739
Thanks
Expert:  Clare replied 2 years ago.
So he has deducted £55,000 for the deposit and works - and how much for the car payments?
Customer: replied 2 years ago.
Just under £3,000
Expert:  Clare replied 2 years ago.
Did you make any payments towards any items that he has kept?
Customer: replied 2 years ago.
Furniture etc. Ornaments and things. The usual home-making stuff.
Expert:  Clare replied 2 years ago.
How much in total?
Customer: replied 2 years ago.
We have not sorted that but yet so I do not know the total.
Expert:  Clare replied 2 years ago.

If this matter went to court he would ONLY get credit for the monies spent on the house - so no he cannot deduct the car payments in this way and I suggest that you make it clear to him that if he attempts to do so then you will take action to recover the funds.

I hope that this is of assistance - please ask if you need further details

Clare