Champdogs Information Exchange
19.04.17 11:18 GMT
Just looking for advice for my daughter. She moved to Bristol from the Midlands about 7 years ago. Boyfriend got a job so she found one and followed him. They rented for a while and about 4 years ago bought a house together. He recently ended the relationship and wanted to sell house and move on. As Bristol is so costly my daughter had no choice but to move back home. She gave up a well paid job she loved and now earns substantially less in a job she is less happy with. She left her friends, Agility and social life behind because she simply could not afford to stay there.
He stayed in house to finish doing it up , sell and then both would get a share. He has now offered to buy her out but has offered her 35,000 while he would have 112,00. He is basing it more or less on the fact he was earning more and contributed more.he also has another property they live in for a few months before the move but she did not contribute to this but is obviously an asset he has and has paid bills towards whilst that property is tenanted.
We obviously want to avoid solicitors unnecessarily because of costs. Spoke to CAB who just advised mediation. Realistically what percentage would be a reasonable amount to ask as her share. She doesn't want to be greedy but without a substantial deposit will be unable to afford to buy her own. No kids involved.Think he is trying to intimidate her with a spreadsheet he sent which only takes into acct 'bricks and mortar" and not all the stuff she contributed(Cooking, cleaning, dogs, her car etc etc) Any advice most welcome. An apical agreement would be the best which is what she wants but could do with guidance on what she is entitled to. Thank you
I'm not a legal eagle BUT what was put in writing at the outset? What was the split when the property was bought - not who has since contributed what to the upkeep of the property. As far as I'm concerned, what I'd expect to received on the sale of the property is AT LEAST what I'd puti nto the property initially. Whether or not he's been paying a lot to upgrade the place is where this gets difficult.
I honestly think you /your daughter needs to have proper legal advice if only should this 'get really nasty' and he take this to Court.
"Spoke to CAB who just advised mediation"
I read this, initially, as 'who just advised medication'. Which might be relevant!!
Bottom line - never enter into anything these days without GETTING IT IN WRITING. And certainly when it comes to any non-official relationship. You/she might have to look at this in terms of what would happen with this property had the situation been a divorce.
19.04.17 12:32 GMT
He did put £7000 deposit when they first bought it.
Family lawyer we used when we bought our home (before we were married) said that if both of us are on the deed then we get 50/50 when it's sold, financial input is irrelevant. When you decide to buy a home together, unless you buy on a shared ownership deal with the percentages clearly delineated in contract then you are fully sharing the responsibility and rights. He told us this as I put £30k down as a deposit but the mortgage was awarded purely based on my other half's earnings as I am a carer.
We are in Scotland and some laws do differ, I would see a lawyer if at all possible. Work out how much she'd be entitled to if she got 50% of the profit and ask the lawyer for a rough quote to see if it's worth it, but it usually is.
Some solicitors offer a free 30 minutes. Might be worth looking into.
Is her name on the deeds ? Can she prove what bills, food etc she contributed by receipts and bank statements ?
19.04.17 16:41 GMT
Thank you, I will share this when she comes in from work
19.04.17 18:09 GMT
I wouldn't agree to anything less than 50%. If he disagrees, let him hire a solicitor!
Ok it seems the property was in joint names, so regardless of who spent the most on the house be it mortgage payments or doing it up, the asset should be split in half between the two of you.
As others have said if they bought the house together, if both names are on the mortgage/deeds then they own it equally together, even if she wasn't working at all or contributing anything financially, she would still get half. I'd expect half of the profit of the sale, or half the current market value if he wants to buy her out.
20.04.17 12:49 GMT
So if she hits him with this, do you think this is moral view or legal view
I'm not a lawyer, and English law may be different, but friends of mine bought a house together. One of them provided the deposit and when they split up after 5 years in the house they were entitled to half the profits of the sale each, it didn't matter about the deposit or who paid what when they were together. The deposit payer had also paid all the household bills so assumed they would be entitled to all or the lions share. The other partner bought food and paid for meals out etc.
21.04.17 17:01 GMT
21.04.17 17:06 GMT
Star - It's the law.
IF HER name is on the mortgage/deeds it is legally 50/50
Of course he will puff his chest, believe or want your daughter to believe this is not so..... but it is.
His spreadsheets detailing the bills, deposit, wages, money spent.... mean nothing
your daughter can throw them in the bin.
The only time there are problems are when the name is not on the mortgage even after marriage the person can be entitled to nothing!
In this case, your daughter is just fine.
I would get him to pay her out asap, as the mortgage he pays without her will continue to come off her amount owed, the same if he were to sell, the longer he stays and pays the mortgage alone, it will be deducted from your daughters share.
22.04.17 06:41 GMT
Many Thanks. I think she will make an initial appt with a solicitor
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