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Category: Law
Satisfied Customers: 476
Experience:  Expert
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I bought my ex partner out of the property back in 2020. He

Customer Question

JA: Hi. How can I help?
Customer: I bought my ex partner out of the property back in 2020. He agreed to leave the property and any equity in the property alone but has since changed his mind. Now I am about to sell it he wants half the profit. What legal rights do I have? What evidence do I need to provide.
JA: Where are you? It matters because laws vary by location.
Customer: Huddersfield, UK
JA: What steps have you taken so far?
Customer: None. I have proof of payments and emails from him stating his position. All I have is the evidence of what I have paid into the property and evidence of him stating his decision to relinquish all responsibility and entitlement to the property.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no I don’t think so
Submitted: 17 days ago.
Category: Law
Customer: replied 17 days ago.
My ex paid £18202 in total into the property in 2019.In 2020 we had it valued for £10,00 less than we bought it so agreed he would receive a settlement figure of £7125 plus £5400 towards payment to our dog= £12525Within that he stated he did not want the responsibility of the hoise, or the equity in it, nor would he attempt to take any profit from it should it sell in the future.He has not contributed anything further.He has not paid any-money towards the upkeep, redecoration or upgrading of the house.He offered to write a letter witnesses stating this transaction and position but the following day changed his mind.He is now asking for half the money of the profit should it sell.Where do I stand on this legally?
Customer: replied 17 days ago.
I have paid £38151 towards the property excluding maintenance redecoration and upgrades which total approx £5,000.The house was bought for £175,000, there is £132,000 left to pay back the bank. The house is on the market for £230,000
Expert:  JeremyT1020 replied 17 days ago.
Good evening and thank you for your question. I'm a solicitor specialising in divorce, separation and financial matters so I'd be happy to offer some guidance. First and foremost, did you and your ex use a conveyancer to transfer the title from joint names into your sole name last year? Thanks, J
Customer: replied 17 days ago.
Hi JThe title is still legally in both names.Over 24 months he has paid 7 months of mortgage payments and then stopped. I then paid the entire mortgage for the remaining 17.We amicably decided on an amount based on the valuation of the property at the time. He was paid and he agreed to leave things there.Inflation means the property has increased in value and he now wants me to sell and for him to receive half of that.I have multiple emails asking for the transfer of deeds to be put in my name or for the house to remortgaged in my name only. This was to enable him to buy his other house.I looked at my options at the time of his request and found selling would be better.He agreed to that in writing and agreed to put in writing re our previous agreement but then changed his mind and he now won’t allow me to sell unless he receives half the gross profit.This is a complete turn around from what was initially agreed
Expert:  JeremyT1020 replied 17 days ago.
OK, you could argue that he should be "estopped" from reneging on his agreement but I suspect he may argue that he didn't take legal advice, etc. Ultimately, I suspect you could succeed with your email proof if it went to court. Unfortunately, court is costly and there's no 100% guarantees. As the property is legally in joint names, you will need his consent to sell. If he's not prepared to give that voluntarily and sign the transfer deed when it sells, you've got no option but to apply to court for an order for sale.
Customer: replied 17 days ago.
He will sell but only if given half the profit despite saying he had relinquished all rights to any equity post the settlement figure being paid.I am now trying to understand what he is owed based on the figures above.My position is that I do not want to now pay any more to him as he has not lived in the property since November 2019.Do I stand a chance of halting his financial claims to the sale of the property?
Expert:  JeremyT1020 replied 17 days ago.
If he wants half, it will be 50% of the equity now minus the amount you've already given him.As I said, you won't be able to sell the property without his consent. Your only chance of halting his financial claim is an application to court. I suspect he would be estopped from claiming more based on his original agreement with you.
Expert:  JeremyT1020 replied 15 days ago.
Good evening. I note that you didn't reply to my response a couple of days ago. I trust you are satisfied with my answers to your questions but, if you need any further assistance, please let me know. Kind regards, J
Customer: replied 15 days ago.
Evening J. Thank you for returning me messages.I believe I have to wait until he has daughters legal advice.I would most likely want this to go to court due to large body of evidence I have when I bought him out of the mortgage.He is taking legal advice on Monday- my question is should I wait until then or start the process.I have had two buyers drop out because we are taking so long to get back to them.KRLaila
Expert:  JeremyT1020 replied 14 days ago.
Hello again. Out of courtesy, you may as well wait until he's had the legal advice. Thst way, you could demonstrate to a court that you had been fair and reasonable. That said, I would follow up with an email to him on Monday saying you expect to hear from him or his solicitor within 7 days.
Customer: replied 14 days ago.
Thank you J.You’re correct with regards ***** ***** and the bigger picture.Thank you.
Expert:  JeremyT1020 replied 14 days ago.
My pleasure. Good luck.