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Helena54
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Location: South East UK
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29-08-2012, 01:11 PM
My only advice is, don't let her sign anything until it's been authorised by her solicitor, or go to his solicitor with him and get the solicitor to explain exactly what she is signing away, or paying for come to that. I certainly wouldn't pay for an ex's visit to a solicitor, only my own! She needs a solicitor I'm afraid, and some of them do that free half hour consultation so check them out locally for that and good luck.
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krlyr
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29-08-2012, 01:26 PM
Originally Posted by aron View Post
as long as she hasnt recieved a letter from the firm herself he just trying it on if she hasnt signed anything then she cant be hold responsable as long as you have lived together for more than six months and you can prove you paided some bills then you are now counted as common law husband and wife so get the same legal rights most solicitors will contact you throught letter not throught third party and the first hour at most firms is free so ask some questions yourself
There is no officially recognised "common law" partnership AFAIK
http://www.direct.gov.uk/en/Governme...es/DG_10026937

Another thing for your daughter to think back to/find out is whether they bought the house as joint tenants or tenants in common - the former is generally a 50:50 split regardless of financailly input whereas the latter is split into "shares", e.g. one partner could own 40% and the other 60%, e.g. to reflect a larger deposit or mortgage contribution.
http://www.direct.gov.uk/en/Governme...ship/DG_193775
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Jackie
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29-08-2012, 03:24 PM
If the mortgage is in both names (regardless of her not living there) then there will be a fee to transfer it into his (or her name) , so its understandable that he is asking for half the cost, (if the boot was on the other foot, she would expect him to pay his share) as it benifits then both.

As for him reimbursed her for any monies she has outlayed (deposit and household bills) , has she been paying any of the bills since she moved out, including the mortgage, if she has not he may claim, she has no entitlement to the deposit , due to her not paying her half.

She needs to speak to her mortgage company and a solicitor to see where she stands, but be warned,s he needs to understand, her solicitors fees may amount to more than she thinks she is owed by her ex...

She needs to decide what is going to cost her the most, trying to fight for her deposit back, by seeking solicitor advice... or cutting her losses, and walking away , maybe they can do a deal, he pays the fees and she walks a way from the house.......its all down to cost and what she may or may not get awarded.
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Moon's Mum
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29-08-2012, 04:39 PM
I also believe that he may well have to pay stamp duty again (depending on the price of the house) on her half. This doesn't happen for divorce proceedings but as they weren't married, he could be liable if the house is worth enough.
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Sweep
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01-09-2012, 08:32 AM
Thank you for taking time to reply, much appreciated - have passed on info & will let you know outcome x
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Losos
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01-09-2012, 05:31 PM
It's a messy business and I feel sorry for your daughter.

Some things are clear:-
1) As mentioned by all above your daughter must get some proffessional legal advice.
2) The ex's solicitor would write direct to your daughter not use him (the ex) as a spokesman
3) Get valuations on the house, it's unlikely to have increased in value these last few years but you need to know.

Hope it all works out well for your daughter, joint mortgages can be complicated in these situations.
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Wozzy
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02-09-2012, 12:22 PM
I have a joint mortgage with my ex, but I moved out 4 years ago. I have never paid anything towards the mortgage and quite frankly, i'd be happy simply to get my name off the mortgage so I am no longer responsible for a house that I dont live in. As far as i'm concerned, I want nothing back from that house, all I want is my name off all the paperwork.
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Tammy1976
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03-09-2012, 02:29 PM
I would 100% tell your daughter to see a solicitor. Her ex is trying to shaft her basically. She has got money sat in that house albeit 50% of the whole deposit and the mortgage payments.

This happened to me a few years ago. I left the house with my ex still in it. I went to a solicitor and he sorted it all out. The house got valued and my ex had to pay me 50% of its worth minus the existing mortgage. I ended up with a 40k payout as house prices had gone up. It took 2 years to finalise but 2 years waiting was well worth 40k

Good luck! x
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Sweep
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23-02-2013, 10:22 AM
Just thought I would update on the situation.

Fortunately all is now sorted out re House...everything done through Solicitors our daughter has received monies agreed on & the House is now his!

Our daughters ex contacted her recently to ask if they could meet up(just the 2 of them) before a mutual friends Wedding so there wouldn't be any uncomfortableness at Wedding with both new Partners.......my daughters reply was" NO.....we've both moved on & it's ???? Wedding Day & it's about them!"

Our Daughter has been in a new relationship for 3 months & we are to meet him next month

Thank you for all your help xx
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Losos
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23-02-2013, 10:35 AM
Originally Posted by Sweep View Post
Fortunately all is now sorted out re House...everything done through Solicitors our daughter has received monies agreed on & the House is now his!
So they do have some uses Seriously I'm pleased it's worked out OK for your daughter, wishing her (and you) all the best for the future.
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