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What can i do?
My ex partner brought my council house - right to buy scheme 18 months ago, we've got a Deed of Trust - he has a 75% share & I have 25%.
The deeds are in my name, so legally im the owner? We split up 16 months ago. He's got another partner, which i think he was seeing before we split up, she's the mother of his son, born april 2008. He's refusing to leave, as he reckons its his house.
My 11 yr old daughter has threatned suicide because of situation at home. I can't stand it any more - it's making me ill .Help!!!!
The deeds are in my name, so legally im the owner? We split up 16 months ago. He's got another partner, which i think he was seeing before we split up, she's the mother of his son, born april 2008. He's refusing to leave, as he reckons its his house.
My 11 yr old daughter has threatned suicide because of situation at home. I can't stand it any more - it's making me ill .Help!!!!
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So your name is on the deeds and the RTB docs were in your name, is there a mortgage on it and, if so, in whose names? Also, who has been making mortgage payments and contributing to the property.
What is the discount period? Usually 3 or 5 years where if you sell in that time after completion of the RTB you would have to pay back all or part of the discount depending on the terms of the transfer document. Some also have a provision where they can claim back some of any increase in value for a longer period so you should make yourself aware of any such restrictions as these may have a significant bearing on viable options.
Also check if there are any restrictions as to who you can sell to in this time as local authorities/housing trusts sometimes have to consent to potential purchasers if within the discount period.
Did he sign any waiver when you bought waiving his rights to stay in the property in certain circumstances? If so, check the wording carefully.
On the basis of how a usual deed of trust would be drafted, if the property was sold you would get your respective shares of the sale proceeds once the mortgage has been paid off and sale costs deducted (and any RTB discont as mentioned above as the Housing Authority will have a charge over your property relating to this which also ranks in priority to any mortgage).
What is the discount period? Usually 3 or 5 years where if you sell in that time after completion of the RTB you would have to pay back all or part of the discount depending on the terms of the transfer document. Some also have a provision where they can claim back some of any increase in value for a longer period so you should make yourself aware of any such restrictions as these may have a significant bearing on viable options.
Also check if there are any restrictions as to who you can sell to in this time as local authorities/housing trusts sometimes have to consent to potential purchasers if within the discount period.
Did he sign any waiver when you bought waiving his rights to stay in the property in certain circumstances? If so, check the wording carefully.
On the basis of how a usual deed of trust would be drafted, if the property was sold you would get your respective shares of the sale proceeds once the mortgage has been paid off and sale costs deducted (and any RTB discont as mentioned above as the Housing Authority will have a charge over your property relating to this which also ranks in priority to any mortgage).
Has any restriction been put on the title register in his favour requiring his consent to sale? Your solicitor you used when you bought should be able to provide you with all this information or can download a copy of your title register from here for �3.00...
http://www.landregisteronline.gov.uk/
One option would be to get a valuation of the property by a local agent (bear in mind that this is not necessarily what it would sell for) and work out the costs which would have to be deducted (also allowing for any legal and agent's fees and tie-ins with any mortgage such as early repayment penalties) and work out whether it would even be viable to sell or try and buy the other out.
If the mortgage is quite new, there is a discount period and with the state of the current property market you would need to check whether everything could be paid off for a either a sale or for a transfer to the other and mortgage/remortgage to be feasible.
If you could buy him out then would you be able to get a sufficient mortgage on your own?
Another option would be to see if the council wanted to buy it back.
http://www.landregisteronline.gov.uk/
One option would be to get a valuation of the property by a local agent (bear in mind that this is not necessarily what it would sell for) and work out the costs which would have to be deducted (also allowing for any legal and agent's fees and tie-ins with any mortgage such as early repayment penalties) and work out whether it would even be viable to sell or try and buy the other out.
If the mortgage is quite new, there is a discount period and with the state of the current property market you would need to check whether everything could be paid off for a either a sale or for a transfer to the other and mortgage/remortgage to be feasible.
If you could buy him out then would you be able to get a sufficient mortgage on your own?
Another option would be to see if the council wanted to buy it back.
Although This is a Complicated situation it could become even more so but in your favour .
Is your Daughter also your ex Partners Daughter.
If so..... He Could be forced to Ensure he keeps the roof you live under ( well your Daughter unill she leaves formal Education) Paid and up to date.
How long were you together.
Cant really give you a decent responce without knowing the Full Picture.
Is your Daughter also your ex Partners Daughter.
If so..... He Could be forced to Ensure he keeps the roof you live under ( well your Daughter unill she leaves formal Education) Paid and up to date.
How long were you together.
Cant really give you a decent responce without knowing the Full Picture.
There is no mortgage on the house, as my ex sold his bungalow in 2006 and used some of his cash to buy the house. I've been told i can't sell until at least 2012 (5yrs), he's told me he'sgoing to force me to sell, so he can get his 75% share, so he can get a house with his new girlfriend.
I pay all the bills, ie: gas, elec, tv licence, food 4 myself and my daughter. He contributes nothing, he pays the phone bill ( broadband) & sky.
He also replaced all my furniture, so i've basically got nothing of my own.
My daughter comes from a previous relationship, so my ex has nothing to do with her.
We were together for 2 years. we split up 4th april 2007.
I pay all the bills, ie: gas, elec, tv licence, food 4 myself and my daughter. He contributes nothing, he pays the phone bill ( broadband) & sky.
He also replaced all my furniture, so i've basically got nothing of my own.
My daughter comes from a previous relationship, so my ex has nothing to do with her.
We were together for 2 years. we split up 4th april 2007.
Other than the deed of trust (what does it provide for exactly), does he have any kind of restriction on the title register or anything else which could make him force you to sell seeing as he is not on the title.
It's not like he loaned you the money by way of a charge. He contributed more and had a Deed of Trust drawn up accordingly.
Do you have a copy of the Deed? Does it have any provision which can force you to sell?
It's not like he loaned you the money by way of a charge. He contributed more and had a Deed of Trust drawn up accordingly.
Do you have a copy of the Deed? Does it have any provision which can force you to sell?
Shelter should be able to give you some more in depth advice...
http://england.shelter.org.uk/get_advice/advic e_services_directory
http://england.shelter.org.uk/get_advice/advic e_services_directory
The deed is in my name, stating that im the propriotor (owner). And i've got the deeds. It states that neither one of use can sell without the other ones consent.
He told me that i could have the house until my daughter reached 16, then he wanted house sold. I don't see why i have to sell, I moved into the house feb 1997, its been my daughters home for 11 years. I've tried ringing the police but they just tell him to find sonmewhere to stay for few days, then he just returns as though nothings happened.
Tuesday night he literally dragged my daughter by her arms and pushed her into her bedroom and told her she was grounded in her room till she tidied it up, my daughter retalliated by saying " you can't tell me what to do" your not my dad. He said he could do what he wanted as it's house, don't know where he got that idea from!!!
Ive tried various things to getting him out - now desperate before my daughter does anything stupid.
He told me that i could have the house until my daughter reached 16, then he wanted house sold. I don't see why i have to sell, I moved into the house feb 1997, its been my daughters home for 11 years. I've tried ringing the police but they just tell him to find sonmewhere to stay for few days, then he just returns as though nothings happened.
Tuesday night he literally dragged my daughter by her arms and pushed her into her bedroom and told her she was grounded in her room till she tidied it up, my daughter retalliated by saying " you can't tell me what to do" your not my dad. He said he could do what he wanted as it's house, don't know where he got that idea from!!!
Ive tried various things to getting him out - now desperate before my daughter does anything stupid.
Did your daughter have any marks on her at all? If so, make sure you take her to the doctor straight away, and get it recorded officially because if you need to make a complaint about assault (which, technically was what happened here), you could do with a bit of independent evidence.
If she has marks and the doctor records these, you may be able to apply to the Court to make a restraining order against him entering the property. At that point, change the locks and inform the local police about the situation. I personally would inform the police, take my daughter down there and make an official complaint of assault and consult a solicitor.
If she has marks and the doctor records these, you may be able to apply to the Court to make a restraining order against him entering the property. At that point, change the locks and inform the local police about the situation. I personally would inform the police, take my daughter down there and make an official complaint of assault and consult a solicitor.
My ex partner, brought my council house back in jan 2007. my names are on the deeds, so legally its my house - Yes?
we split up in april last year. he's refusing to move out, till he gets his money what he put into the house. he's got 75%, i've got 25%.
I've told him i want him out, and ive got a letter saying i can evict him.
He's now saying he's got squatters rights. is this true?? I've told him that he can have his share, when i decide to sell or until my daughter leaves full time education and only then. my daughter is 11. Its not his child.
What can i do??
Ive also told him im going to do him for man-handling my daughter. He's also saying that when i sell my house, ive got to pay back my legal aid, is this true
we split up in april last year. he's refusing to move out, till he gets his money what he put into the house. he's got 75%, i've got 25%.
I've told him i want him out, and ive got a letter saying i can evict him.
He's now saying he's got squatters rights. is this true?? I've told him that he can have his share, when i decide to sell or until my daughter leaves full time education and only then. my daughter is 11. Its not his child.
What can i do??
Ive also told him im going to do him for man-handling my daughter. He's also saying that when i sell my house, ive got to pay back my legal aid, is this true
What was your legal aid for?
He may not be a legal owner but he may have a beneficial interest in the property due to the money he contributed to it and his residence there.
Who is the letter saying you can evict him from?
There are ways of securing his interest on the title to the property so that you couldn't sell it without his consent if this would help him to leave?
Relatively straightforward as there is no mortgage.
He may not be a legal owner but he may have a beneficial interest in the property due to the money he contributed to it and his residence there.
Who is the letter saying you can evict him from?
There are ways of securing his interest on the title to the property so that you couldn't sell it without his consent if this would help him to leave?
Relatively straightforward as there is no mortgage.
I got legal aid to try and resolve this situation with my ex. but we've been split up 16 months, he's got another partner and a 3mth old son, you would of thought he'd want to be with them? but oh no, he's saying that ive got to put up with him. he's getting married in 4 mths and says he'ss still going to live in my house
The letter is from my solicitor.
we both agreed, neither can sell without the other ones consent. im not disputing this. I just want my life back, without him in it!!!
The letter is from my solicitor.
we both agreed, neither can sell without the other ones consent. im not disputing this. I just want my life back, without him in it!!!
Regardless of the legal ramifications. Why bother fighting him over this if you can make your life for you AND your daughter less difficult if you sell and find somewhere else to live.
Surely you realise that he isn't going anywhere (I think this will change when he marrys) and unless you can get him for assult on your daughter and get something done that way you may as well cut your losses now!
I have read your posts and unless you can reslove this your daughter will suffer. Which would you prefer... a long drawn out and protracted dispute or a quick get out and a relativly stress free life?
By the way do you think he wants you out of the house so he can keep the house himself?
Surely you realise that he isn't going anywhere (I think this will change when he marrys) and unless you can get him for assult on your daughter and get something done that way you may as well cut your losses now!
I have read your posts and unless you can reslove this your daughter will suffer. Which would you prefer... a long drawn out and protracted dispute or a quick get out and a relativly stress free life?
By the way do you think he wants you out of the house so he can keep the house himself?
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