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Q&A » Mortgages
My ex and I jointly bought a house in 1998, she left me in 2003 and I paid her £25,000. I never removed her from the mortgage and deeds. She has recently instructed a solicitor and is making a claim on the house. Can she do this? As I said she is still on mortgage and deeds, can I remove her without her knowledge? I don't know what to do!
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881Unless you have a piece of paper which says that the £25,000 was in full and final settlement of everything, including and especially the house then she has a claim.
Sorry about that!
However, the £25,000 should count towards it.
Also, you could counter-claim for half the mortgage payments that she hasn't contributed to.
You cannot arbitrarily remove her from the mortgage and deeds.
Mike
Posted on 16 May 2012 |
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174Mike answer is quite correct. The problem is, that all transactions of land HAVE to be under seal. There is a legal process that has to be gone through to be valid. As it is, she is still a part owner and is liable for the mortgage. At the time of seperation you might or might not have been able to remove her from the mortgage if both her and your mortgage lender agreed, but not without both of them agreeing.
You need a solicitor, but as well as counterclaiming for half the mortgage costs since she last paid, you can also counter claim for half of insurance costs, and any essential repairs as well. Added to the £25000 you already paid her, you might even find that she owes you money! Do the sums.
Posted on 17 May 2012 | Love 1 love
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881Just to be complete and as a warning as to what could happen, she could ask for rent from you for occupying her half of the house.
You would also need a new mortgage agreement based on your earnings plus those of any subsequent partner if there is one. That would be under the rules that currently prevail which could be more onerous than when you first mortgaged the house.
Mike
Posted on 17 May 2012 | Love 1 love
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0Thank you for your answers, I need all the help I can get.
When she left I had lodgers for several years, if make a claim on her for missed mortgage payments can she then claim half of any rental income I have received?
Her argument is that the £25,000 was taken out as a joint mortgage, she moved out a few weeks after but we did continue to have a relationship for another year. My current partner is not at all happy about this as you can imagine.
There is currently approx £140k equity in the house, she has asked for £30k, if this were go to court would a judge see this as being reasonable as she is not claiming 50%? My solicitor has offered her a "nuisance payment" of £5k today, she has refused this.
Thank you again to anyone who can help me with any more information.
Posted on 18 May 2012 | Love 0 loves
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881Joe and I are not lawyers and you have a solicitor so you need to be guided there.
Based on the debits and credits mentioned, is her claim reasonable? That is probably what a Judge would have to decide.
In 2003, what was the equity? If you gave her half of the equity then, can you prove that was what it was for?
It is important to document everything. When buying a property with a partner, you should always include a Declaration of Trust which stipulates what should happen in the event of a breakup. It is much better to do it at the beginning rather than have to fight over it at the end.
Mike
Posted on 19 May 2012 | Love 0 loves
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