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Any law buffs in?
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
I'm in a quandary with my ex over our former house which he still lives in. We've been split for 5-6 years to which time he's been living in our home and I moved out with our children and living in rented. We were together 14 years and bought the house joint and my names on the deeds and mortgage.
So fast forward he's married living in said home with new wife and her children and wants me to sign my name off saying I've no rights to anything ? Has anyone been in similar situations? |
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If you've paid into the house then you are entitled to your share. More so with having the children. Let his new wife provide for her children rather than yours do it. Why should your children miss out because he's being a complete tosser |
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By (user no longer on site)
over a year ago
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I'm a practising solicitor and have dealt with many clients who are in a similar situation. You are entitled to the house because your name was on the deed at the time of purchase you do have a right on the house. I hope this clarifies your any concern that you may have |
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By *ee VianteWoman
over a year ago
Somewhere in North Norfolk |
I'm not an expert but I'd say you still own half and he'd have to buy you out if he wants it in his name.
I'd get some real legal advice if I were you. A lot of solicitors will do a first hour free thing so you can work out how to proceed. |
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"Ok joe I'll ask you  "
Prima facie I would say there is a case that he should buy you out of your share of the house - assuming you can prove what part of the capital or mortgage you've paid, less works &c &c.
I'm sure there's legal forums on t'internet that'll give you a better idea than I.
 |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
By the way he's a very wealthy man and own numerous ltd company's which I know means jack shit as he's classed as a share holder in the law. He's a charted accountant and financial advicer so he's a crafty fooker. I'm just at a loss at what I should do. I can't afford a solicitor so it's kinda hard x |
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By (user no longer on site)
over a year ago
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"I'm in a quandary with my ex over our former house which he still lives in. We've been split for 5-6 years to which time he's been living in our home and I moved out with our children and living in rented. We were together 14 years and bought the house joint and my names on the deeds and mortgage.
So fast forward he's married living in said home with new wife and her children and wants me to sign my name off saying I've no rights to anything ? Has anyone been in similar situations?"
IM NO LAWYER but sounds like he is trying to bully you out of what is rightfully yours if your name is on the deeds then you have the same rights as him regards the house hasnt a leg to stand on |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"Ok joe I'll ask you
Prima facie I would say there is a case that he should buy you out of your share of the house - assuming you can prove what part of the capital or mortgage you've paid, less works &c &c.
I'm sure there's legal forums on t'internet that'll give you a better idea than I.
"
Yes this is the hard part as I gave up my full time job to be a full time mum. But I put half my inheritance towards a remortgage of business premises. So complicated |
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"Ok joe I'll ask you
Prima facie I would say there is a case that he should buy you out of your share of the house - assuming you can prove what part of the capital or mortgage you've paid, less works &c &c.
I'm sure there's legal forums on t'internet that'll give you a better idea than I.
Yes this is the hard part as I gave up my full time job to be a full time mum. But I put half my inheritance towards a remortgage of business premises. So complicated "
Is what it will come down to...
Depends on whether the ex is willing to cut a deal (and at what level) or will be a tosser (as someone else suggested), in which case it gets expensive and you have to prove it.
Sorry. |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"I'm a practising solicitor and have dealt with many clients who are in a similar situation. You are entitled to the house because your name was on the deed at the time of purchase you do have a right on the house. I hope this clarifies your any concern that you may have "
My names on the deeds and mortgage as tenants in common not joint |
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By *icketysplitsWoman
over a year ago
Way over Yonder, that's where I'm bound |
It's still your asset, if not your home.
It's up to him to buy you out. Do not under any circumstances sign away your financial investment if you need that money. If you want to walk away and have nothing more to do with him and can afford to lose the investment for you and your/his children then consider it. Once you've given it up you can't go back.
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"By the way he's a very wealthy man and own numerous ltd company's which I know means jack shit as he's classed as a share holder in the law. He's a charted accountant and financial advicer so he's a crafty fooker. I'm just at a loss at what I should do. I can't afford a solicitor so it's kinda hard x"
Think you only pay at the end I know I did so by then you will have half and half his business and anything else of value including pension. Sounds to me like he will already know this and is trying his luck |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"Ok joe I'll ask you
Prima facie I would say there is a case that he should buy you out of your share of the house - assuming you can prove what part of the capital or mortgage you've paid, less works &c &c.
I'm sure there's legal forums on t'internet that'll give you a better idea than I.
Yes this is the hard part as I gave up my full time job to be a full time mum. But I put half my inheritance towards a remortgage of business premises. So complicated
Is what it will come down to...
Depends on whether the ex is willing to cut a deal (and at what level) or will be a tosser (as someone else suggested), in which case it gets expensive and you have to prove it.
Sorry."
So ok say for instance I refuse to sign my name off both documents (deeds mortgage) what happens then. |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"By the way he's a very wealthy man and own numerous ltd company's which I know means jack shit as he's classed as a share holder in the law. He's a charted accountant and financial advicer so he's a crafty fooker. I'm just at a loss at what I should do. I can't afford a solicitor so it's kinda hard x
Think you only pay at the end I know I did so by then you will have half and half his business and anything else of value including pension. Sounds to me like he will already know this and is trying his luck "
We weren't married so no rights to pension. Which to be honest I don't want atall. |
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"Ok joe I'll ask you
Prima facie I would say there is a case that he should buy you out of your share of the house - assuming you can prove what part of the capital or mortgage you've paid, less works &c &c.
I'm sure there's legal forums on t'internet that'll give you a better idea than I.
Yes this is the hard part as I gave up my full time job to be a full time mum. But I put half my inheritance towards a remortgage of business premises. So complicated
Is what it will come down to...
Depends on whether the ex is willing to cut a deal (and at what level) or will be a tosser (as someone else suggested), in which case it gets expensive and you have to prove it.
Sorry.
So ok say for instance I refuse to sign my name off both documents (deeds mortgage) what happens then. "
Do not agree to that!
I'm assuming you're on decent terms and you don't want to upset their apple cart but if you put money in you should get something back. That's the right thing.
If you sign that you wave your rights. |
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"By the way he's a very wealthy man and own numerous ltd company's which I know means jack shit as he's classed as a share holder in the law. He's a charted accountant and financial advicer so he's a crafty fooker. I'm just at a loss at what I should do. I can't afford a solicitor so it's kinda hard x
Think you only pay at the end I know I did so by then you will have half and half his business and anything else of value including pension. Sounds to me like he will already know this and is trying his luck
We weren't married so no rights to pension. Which to be honest I don't want atall. "
I don't think being married matter much. You was still partners you have kids together and gave up work to bring them up. You need a solicitor and asap |
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By (user no longer on site)
over a year ago
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"My names on the deeds and mortgage as tenants in common not joint"
At the time you acquired the property did you get a solicitor to draw up a deed of trust? |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"It's still your asset, if not your home.
It's up to him to buy you out. Do not under any circumstances sign away your financial investment if you need that money. If you want to walk away and have nothing more to do with him and can afford to lose the investment for you and your/his children then consider it. Once you've given it up you can't go back.
"
I thought this. He's being very sneaky though, which makes me believe he knows I've a right to something. I've been burying my head in the sand and ignoring the matter but lately it's playing on my mind as I think
He's trying to play clever somehow by waiting, it's been 6 years now and I need to do something |
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"Citizens Advice Bureau are excellent. Especially as first port of call."
Depends on where you live... inner city ones can be very over-subscribed. Rural ones can be of varied quality.
Shop around and look online for legal/housing advice forums.
And don't sign anything just yet |
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By *ee VianteWoman
over a year ago
Somewhere in North Norfolk |
"It's still your asset, if not your home.
It's up to him to buy you out. Do not under any circumstances sign away your financial investment if you need that money. If you want to walk away and have nothing more to do with him and can afford to lose the investment for you and your/his children then consider it. Once you've given it up you can't go back.
I thought this. He's being very sneaky though, which makes me believe he knows I've a right to something. I've been burying my head in the sand and ignoring the matter but lately it's playing on my mind as I think
He's trying to play clever somehow by waiting, it's been 6 years now and I need to do something "
There is something in law about abandoned assets I think so yes, get onto sorting it out now. |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"Ok joe I'll ask you
Prima facie I would say there is a case that he should buy you out of your share of the house - assuming you can prove what part of the capital or mortgage you've paid, less works &c &c.
I'm sure there's legal forums on t'internet that'll give you a better idea than I.
Yes this is the hard part as I gave up my full time job to be a full time mum. But I put half my inheritance towards a remortgage of business premises. So complicated
Is what it will come down to...
Depends on whether the ex is willing to cut a deal (and at what level) or will be a tosser (as someone else suggested), in which case it gets expensive and you have to prove it.
Sorry.
So ok say for instance I refuse to sign my name off both documents (deeds mortgage) what happens then.
Do not agree to that!
I'm assuming you're on decent terms and you don't want to upset their apple cart but if you put money in you should get something back. That's the right thing.
If you sign that you wave your rights. "
No not decent terms. We've not spoke for 5.6 years |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"It's still your asset, if not your home.
It's up to him to buy you out. Do not under any circumstances sign away your financial investment if you need that money. If you want to walk away and have nothing more to do with him and can afford to lose the investment for you and your/his children then consider it. Once you've given it up you can't go back.
I thought this. He's being very sneaky though, which makes me believe he knows I've a right to something. I've been burying my head in the sand and ignoring the matter but lately it's playing on my mind as I think
He's trying to play clever somehow by waiting, it's been 6 years now and I need to do something
There is something in law about abandoned assets I think so yes, get onto sorting it out now."
I did think that !! |
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By (user no longer on site)
over a year ago
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"My names on the deeds and mortgage as tenants in common not joint
At the time you acquired the property did you get a solicitor to draw up a deed of trust?
Yes ofcourse "
Then it should state on the Deed of trust what terms there are within it. You will be entitled to whatever is stated within the deed of trust. Get a solicitor to have a look into it. But legally if you have contributed towards the mortgage and have a percentage ownership of the property then you have a right to the property. Alternatively your he can pay damages towards you that should equate to your share. I hope that helps. |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"It's still your asset, if not your home.
It's up to him to buy you out. Do not under any circumstances sign away your financial investment if you need that money. If you want to walk away and have nothing more to do with him and can afford to lose the investment for you and your/his children then consider it. Once you've given it up you can't go back.
I thought this. He's being very sneaky though, which makes me believe he knows I've a right to something. I've been burying my head in the sand and ignoring the matter but lately it's playing on my mind as I think
He's trying to play clever somehow by waiting, it's been 6 years now and I need to do something
There is something in law about abandoned assets I think so yes, get onto sorting it out now.
I did think that !! "
It's not a small home either it was bought for two hundred at the time but prob now about 250k but I'm still unsure |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"My names on the deeds and mortgage as tenants in common not joint
At the time you acquired the property did you get a solicitor to draw up a deed of trust?
Yes ofcourse
Then it should state on the Deed of trust what terms there are within it. You will be entitled to whatever is stated within the deed of trust. Get a solicitor to have a look into it. But legally if you have contributed towards the mortgage and have a percentage ownership of the property then you have a right to the property. Alternatively your he can pay damages towards you that should equate to your share. I hope that helps."
I contributed so much but it all went through his bank (not joint account) plus we've been split nearly six years so I've been renting. It wasn't an amicable split and there was more involved as in I was scared to go back. My solicitor years ago said about occupancy rent , to which I don't understand. I just don't know if to sign my name off as that's why I left 6 yrs ago to start afresh or listen to others telling me my children and I are entitled to a part of the proceeded of sale ? I'm by far a money grabber but I'm just a bit lost |
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By (user no longer on site)
over a year ago
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"I contributed so much but it all went through his bank (not joint account) plus we've been split nearly six years so I've been renting. It wasn't an amicable split and there was more involved as in I was scared to go back. My solicitor years ago said about occupancy rent , to which I don't understand. I just don't know if to sign my name off as that's why I left 6 yrs ago to start afresh or listen to others telling me my children and I are entitled to a part of the proceeded of sale ? I'm by far a money grabber but I'm just a bit lost "
I have mailed you |
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By *adyDanger OP Woman
over a year ago
land of debauchery and kink |
"I contributed so much but it all went through his bank (not joint account) plus we've been split nearly six years so I've been renting. It wasn't an amicable split and there was more involved as in I was scared to go back. My solicitor years ago said about occupancy rent , to which I don't understand. I just don't know if to sign my name off as that's why I left 6 yrs ago to start afresh or listen to others telling me my children and I are entitled to a part of the proceeded of sale ? I'm by far a money grabber but I'm just a bit lost
I have mailed you"
Yes thank you x |
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