Buying Ex Husband Out Of Property....

[joannewatson]

I have been divorced 3 years and following the death of my dad I was in the position to buy my ex-husband out of our house. He left over 3 years ago and I live there with our son and have been paying the mortgage myself ever since.

I have paid my ex-husband £20k (which was half the profit on the house following a valuation last year) and sent the transfer forms for him to sign (I covered the solicitors costs also!). He signed the form and sent it back to the solicitors and at this point I asked that he pay half towards the childcare costs for our son (he currently pays £30 a week). At this point he took his bat and ball home and it turns out the forms were sent back to him as he hadnt completed them properly and he is now refusing to send them back.

Where do I stand??

[bednobs]

have you already given him to 2ok??

[joannewatson]

Yep, I know, I know!! daft. I didnt think he was going to go all funny with me though. I do have proof I sent it as it was a bacs payment

[Barmaid]

Firstly, separate the child maintenance issues from the property issues.

Secondly, I assume that you agreed in writing on the sum of £20,000 for his share of equity in the property?

[Canary42]

I think you will have to sue him for the £20k. You need legal advice IMO.

[bednobs]

it seems like you are being shafted from all sides - why wasn't this all sorted in the divorce?

[Canary42]

Ooops, pre-empted by Barmaid who is far more qualified than me in this area.

[joannewatson]

I dont have anything in writing and I did the divorce myself as I couldnt afford a solicitor :/

[Barmaid]

OK, so you have nothing in writing. How did you come to the agreement of £20k?

[Barmaid]

Presumably when you sent the forms you wrote a letter saying "I've paid £20k by BACS now please sign this forms?" or words to that effect.

[joannewatson]

Barmaid....I had valuation done last year and we agreed I would pay him half the profit.

[Barmaid]

Right well that gives us something to go on then.

I would suggest that you write a letter, setting out the full history. Ie what was agreed, the basis, the amount, the approximate dates. State that as it was agreed between you that in consideration of the payment of £20k the house would become legally and beneficially yours, he is now holding the legal title on your behalf as trustee. Unless he executes and returns the documents within 28 days you will be issuing proceedings against him which will include a claim for costs.

[joannewatson]

Thanks for your advise Barmaid, he's going on holiday for a couple of weeks (lucky him!!) so think I'll wait till he gets back and if still no joy I'll do what you suggest.