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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23745
Experience:  Senior Partner at Berkson Wallace
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It’s about buying out a partner on a mortgage, Cumbria in

Customer Question

It’s about buying out a partner on a mortgage
JA: Where is this? It matters because laws vary by location.
Customer: Cumbria in England
JA: What steps have been taken so far?
Customer: no steps , my wife has moved out and emptied the house while I was at work on Friday
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: we are still married but not together
Submitted: 11 days ago.
Category: Law
Expert:  Stuart J replied 11 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Sorry to hear this - can I ask how long you were together and married in total?

what is she asking for?

and can you afford to remortgage and pay her out?

Customer: replied 11 days ago.
We have been married 9months had the mortgage around 10-11 month .I’m not sure what she’s entitled to if I was to pay her out . I’m wanting to keep the house in my name
Expert:  Stuart J replied 11 days ago.

Thank you.  What is it that you actually want to know about this?  You have not asked a question.

I also need to know how long you were together before you got married.  Do you have any children under 18?

Customer: replied 11 days ago.
I want to know what she’s entitled to money wise if I was to take her off mortgage ? And we was together year and half . No children
Expert:  Stuart J replied 11 days ago.

After a total relationship length including marriage, of 18 months, she will actually be entitled to very little if she didn’t put anything in.

A lot depends on what assets there are of the marriage and what both of you put in at outset.  If she put nothing in, then she is unlikely to get much out

Customer: replied 11 days ago.
She took everything out the house on Friday when I was at work . Her father put around 5thousand in towards deposit , so is she entitled to that back ?
Expert:  Stuart J replied 11 days ago.

Whether the GBP5000 goes to her or back to her father or whether it’s divided between the two of you depends whether it was a gift to her, the both of you, or whether it was a loan.

What could well have started out as a gift to both of you as a start out present they could well now claim that it was always meant to be repaid.  That alleged change in the status of the money is extremely common

Customer: replied 11 days ago.
It was put down as gifted , so she is not entitled to any sort of money if I was to take the house over on my own?
Customer: replied 11 days ago.
What about money she’s paid towards the mortgage ?
Expert:  Stuart J replied 11 days ago.

She would be entitled to a share of the “gift” and something from the house by virtue of the marriage but that’s not going to be a lot.

If solicitors are involved, solicitors costs are probably going to be more than the amount of money that you are arguing over.

Apart from capital repayment, the interest is paid for the privilege of living in the property.

Customer: replied 11 days ago.
if I give her the the money her dad gifted towards deposit then take her off the mortgage they can not say I’m not been unfair ? Can she make me sell the house instead of taking it on my self ?
Customer: replied 11 days ago.
Also do I have to get valuation if I’m keeping the house myself ? She’s wanting a valuation
Expert:  Stuart J replied 11 days ago.

In my opinion that would be a very good deal for her.  She can try to force you to sell the house on the open market but you could then by her share out but that would be wasting agents costs and therefore you could make her pay the agents cost, to the court if necessary because those agents costs were unnecessary.

Get three local valuations and take the average.

Customer: replied 11 days ago.
Could I ring my mortgage team and change it over to me with out her been there on the phone ? She has moved back to parents house which is*****from myself
Expert:  Stuart J replied 11 days ago.

You cannot do anything to the property title deeds change all the mortgage unless she signs the relevant paperwork.  If she refuses, then it’s a court application

Customer: replied 11 days ago.
No problem thanks for your help , I will offer her the deposit back and see what she says
Expert:  Stuart J replied 11 days ago.

It was my pleasure to assist you. Please come back if anything else crops up and needs clarification.
Thank you for trusting Just Answer with your legal problem.

Customer: replied 6 days ago.
Hi , just to clarify , what ever the house had made I legally owe her half and half the deposit ?
Expert:  Stuart J replied 5 days ago.

That is correct if you are not married and there is no deed of trust specifying anything else