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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23746
Experience:  Senior Partner at Berkson Wallace
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I think i have a conveyancing issue..would you be able to

Customer Question

Hi, i think i have a conveyancing issue..would you be able to help me? I bought a house with my ex partner, who was unfaithful and left 11 months in. Id paid the full deposit of 75k. She only paid half towards the mortgage payments each month and council tax. She hasn't paid the mortgage for the past 3 months. We had a declaration of trust that stated that the amount of the deposit would always come back to me. She stole it but id emailed it to my solicitor already. I do not want to sell the home and my lender has advised that as I am paying the mortgage and proving i can pay it then they can appeal having just my name on the mortgage, and will then have to make my ex an offer. Ive done all the work to the house as she told me she couldnt afford it. I need advice as to what i should offer her. I am beside myself with stress as i feel it was pre-meditated, she was watching the housing Market before she left and iv lost all the money i spent on our wedding so far. Can you help?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No?
JA: Where is the house located?
Customer: Rossendale
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
Submitted: 14 days ago.
Category: Property Law
Customer: replied 14 days ago.
Sorry, just to be clear we werent married we were due to marry in december.
Customer: replied 14 days ago.
I have receipts for all the work i have had done in the house. She has agreed to come off the mortgage if i make her an offer. I want to be fair and just offer her what she has contributed to the mortgage and cover her solicitor fee's.
Expert:  Stuart J replied 14 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.

When you say she has agreed to come off mortgage - can you afford to remortgage and pay her 'share'?

and how long in total was she in property?

Customer: replied 14 days ago.
Hello. Well i went through affordability with my lender and they didnt want me on the mortgage on my own, ( i think they were more interested in the 8k redemption fee as we are on a 5 year fixed rate)i can afford the repayments quite comfortably so my lender told me if i continue paying the mortgage by myself and show i have paid it for 6 months without her its just a case of appealing it, which they would struggle to decline if i have been paying it without her for 6 months, then taking her name off the mortgage which she is fine with, but a solicitor i spoke to months ago said its then a case of making her an offer so she will agree to come off the mortgage. i just dont know what to offer her. Considering she has contributed the bare minimum and is no longer contributing, id like to offer her as little as possible. She was only in the property for 11 months. We bought it march 2020 and she left February 2021. In all this time she contributed very little as she knew i had some savings for my half of the wedding which was due to take place December's 21, but she didnt have any savings and so wanted to "save up". Hense why i had to do all the work to the house.
Expert:  Stuart J replied 14 days ago.

I don’t know you’ve been talking to at the mortgage company but even if this goes to court, the court will not and cannot order you or him removed from the mortgage.  They can order him removed from the deeds but not the mortgage.  It is entirely up to the lender whether he is removed from the mortgage or not.

He is entitled to some money and if you can’t agree on how much he gets than the property gets sold.

What you offer is a mathematical calculation which should be based upon the Deed of Trust.

All the mortgage capital repayments (but not interest) you have paid since she left and any repairs and improvements that you have made which have contributed to an increase in the value of the property should be taken into account although bear in mind that if solicitors are involved, at GBP250 per hour, any disagreement over a couple of thousand pounds is soon going to pale into insignificance compared to the legal costs of the argument.

I would start by getting the average of three local valuations

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Customer: replied 14 days ago.
Thankyou. Maybe i am not explaining myself correctly. The lender said if they agree to let me take the mortgage on by myself after 6 months of making payments solely on my own. Then its a case of a transfer of equity i think they said or transfer of something and that we would have to pay solicitors to do this. My ex partner has agreed to come off the mortgage at this time but obviously i will have to make her an offer. We signed a declaration of trust stating that the £80k i put down as a deposit would come back to me should we sell. However i am keeping the property and so would like to know what she is entitled to. I had 3 property valuations done when she left. And there was between 10k to 20k equity in the house. I have since added value to it myself.
Expert:  Stuart J replied 14 days ago.

If the lender will let you take the mortgage on, at some stage in the future, and remove your partner, then it’s simply a case of you buying your partner out and agreeing how much that’s going to be for.

I haven’t seen the deed of trust but your GBP80,000 initial deposit would be a debt against the property in the same way as the mortgage.

So market valuation, less solicitors costs, less mortgage, less GBP80,000, less the cost of any improvements which have increased the value of the property, and the balance is split 50-50 and that 50% of the balance/equity is what you should be paying to buy the other person out.