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Where Do I Stand Financially With Our Flat/house?

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Selecta345 | 19:48 Sun 26th Jan 2014 | Civil
19 Answers
My bf and I are splitting up. He has moved out and not paying his half of the mortgage. I have friends moved in to help pay the mortgage.
We bought the house 6 months ago he put in 18k and I paid £2k to top up the deposit which was needed. Because he put in the majority of the deposit I signed over my flat into both our names which we are now renting out, i put £24k into the flat. On the house my parents lent us £10k, and there is about £9k debt for rennovations.
As it stands he has agreed for me to take on the house, i have told him I will take on the debt of the house, so he is not financially responsible for this.
My question i need to know is.... Because the house/flat is in both our names is is it split legally 50:50, or do I have some claim as he has only put in £18k and i have put in £24k plus taking on £19k debt. He wants his deposit back plus an extra £20k as the value of the house has gone up but I am taking on the debt which means the value has gone up. Please if people could just advise me with legal reasons, as he wants £20k extra from just being there 6 months. TIA
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You need to see a solicitor, selecta, and get proper legal advice. Is the mortgage in both your names. Even though you were married, you still need to have the separation properly documented in terms of who pays what and who gets what. Don't hang about, get proper legal advice.
Boxtops She just says '' my bf and I are splitting up'' no mention of marriage or a civil partnership so it looks like just 2 people on a joint mortgage.
selecta as said , you need urgently to get a solicitor on this no good just asking on here we do not know the full facts.
One point sticks out though, your bf is asking for an extra £20,000 for the increase in value of half the house so, is the total increase £40,000 !! seems way too much for just 6 months. Also you are now sub-letting but I assume you still have a standard mortgage not a buy to let? more possible problems.
Question Author
The house next door has just gone up for sale in same condition as ours for £40k more! Yh im going to seek legal advice asap just thought someone on here might no about legal stuff etc
Just because the asking price is £40,000 more does not mean they will get it.
The only thing that matters is what you could sell it for.
Get a solicitor first thing tomorrow. Sorry , no offence intended but you come across as very naive in financial matters, this could cost you big time! unless you get professional help.
Eddie, you are right, my typo - should have read "weren't married". Same applies though,different circumstances - proper legal advice and a documented financial split is essential.
Selecta - the only thing you need to know is that there are two types of "joint" one is half-and-half and the other in proportion.

Yours 18 - 2 is obviously in proportion.

over six months anyone would agree that the values are in proportion

You signed your own flat in into both your names
and yo did so because you were getting another flat 18 -2

I am not sure what a judge would say about that....

rather than go to law at £200/hr [both sides] it is vital that you get to some sort of agreement with the bf - otherwise the lawyers get both houses and you and the bf get nothing .....
selecta this is very confusing, is there a flat AND a house? or are you letting part of the house as a flat?
PP she says 'the house/flat is in both our names is is it (?) split legally 50:50
we need clarification.
I read it that

they live in the house
she moved into the house from her flat which is rented out

Both premises are in joint names
Ed I dont think a judge would agree that one is 50:50 and the other isnt
It is likely he would go on proportions

Luckily Selecta and bf can go on real amounts

If it is 10k in 1990 and 10k in 2000 then you should do it on valuations and proportions and it is an absolute nightmare. In Fambly quarrels everyone thinks the gainers are getting far too much and the losers are losing far too much. But if you go to law - everyone loses.

It will cost you an absolute fortune to argue this out. You'll spend what you save in solicitors fees.
The bf put in £18,000 6 months ago and now he wants his £18,000 back and £20,000 on top !!!! even a loan shark would be proud of that rate of interest!
agree ummm - come to an agreement and cut your losses
eddie that is because he (bf) thinks the value has gone up by 'x'
a judge will order to sell at auction - where realistically they are likely to get the value of 6 mo ago - hence the rush to agreement

It is a nightmare - speaking as a veteran of fambly quarrels where the greediest have contributed nothing....
Question Author
Thanks guys lol for all your input!! Its such a messy one!
The flat is rented out and we have a separate house.
Flat and house is in both names. Yes its very unfair that he wants his £18k plus £20k. Yes the value of the house has gone up and guess doesnt help that the house next door is up for sale for £40k more. As i am taking on the £20k of debt though and put more money in i will have to find out if they take into equation the proportions or if it is 50:50. If its 50:50 though he will also have to pay half the debt. But again i do really need to seek legal advice on this matter!!
selecta then go to the lawyers at £ 200 /hr

I am sorry you have got to this point
Question Author
We are meeting on weds so i can hear him out how he has got to the figure of £40k.
I am going to go to citizens advice bureau to seek initial legal advice. Then at least I know where i stand with negotiations.
Yes definitely one for the lawyers I am afraid, too complex to sort out on line.
The bf is being stupid though, he will be very lucky to see his £18,000 back let alone a profit!
As has been advised this could be a very complex situation and you should seek legal advice before proceeding.
Wow! You need proper legal advice at an early stage, just to see where you stand, so you have a basis for negotiating at the very least. To act without it is sheer folly.

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