split up with ex

[tam1]

I split up with my ex about 6 months ago, we have a flat that we have owned for 2 years. When we split up we agreed I would stay in the flat and buy him out. He stopped paying the mortgage and contributing to any bills 4 months ago. He claims that from the settlement he wants half the deposit and legal fees back, the money that he spent for the kitchen and the bathroom and also his share of the equity once the property is valued. Is that right should he get all that back and when the property is valued will they not take into account the new bathroom and kitchen that is in there, meaning he will infact be getting that back twice.

[lady_p_gold]

Well first of all thank goodness you have reached some sort of working agreement as some couples fight for years over situations like this. Secondly although I can see your point, you are after all not only benefiting from the rise in value of the property that the new kitchen and bathroom have brought, but also the use of them for years to come, so I think he should at least get some if not all of his outlay back. Best to get it all sorted and then put the past behind you before he changes his mind I would say !!

[Hgrove]

I think he should get half the value of the house at the time he stopped paying the mortgage. I don't think he is entitled to any share in the increase in value since then. Plus, I think you are right, he is getting money back twice if he expects half of the value of the refurbished flat, plus the cost of the kitchen and bathroom.

[twiglet321]

Get the property valued as soon as poss.-get at least three valuations. Deposit/Legal fees, assuming that you both paid equal amounts, what he receives once the property is sold is what he gets. If he paid more, then the difference should be his. Kitchen/Bathroom, a property that is bought with a kitchen & bathroom that is subsequently renewed/renovated will, hopefully, increase the value of the property therefore increasing the share that he will receive, that's it. Imagine having a clapped out banger. You put a new engine in it. It may allow you to sell the car for a slightly higher price than if it had a crap engine, but do you think the buyer should also pay for the cost of the new engine? No its all included in the price you sell the car for.

[jason1980]

You didnt say if you were married? Either way the money he spent on the kitchen and the bathroom were property enhancements that increase property value and half the value of the flat would include this. If he stopped paying the mortgage you can claim half the mortgage payments from his value up until the official date that you bought him out. Again the deposit was used to buy the flat and was part of the purchase price that reduced the total mortgage, in his half value it is already included.