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Selling a house with an ex still on mortgage...
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Paul Phillips
Posted: 01 June 2018 00:12:37(UTC)
#1

Joined: 01/06/2018(UTC)
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Hi I hope this is okay to post here....

I bought a house with an ex fiancee 7/8 years ago, after no more than 3 months we split quite unamicably. At the time the mortgage lender wouldn't let us remove her and have it solely in my name. We agreed I keep the house and all bills and when we can we would remove her and she'd expect nothing in return as she didn't contribute. Now my current family are looking to move, assuming the ex honours what shes said over the years would anyone know what the process would be as far as selling and the equity that has accrued over the years? Would it be just as simple as her signing something (obviously including solicitors fees which I'd take care of).

Any help would be much appreciated!
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Alan Selwood
Posted: 01 June 2018 12:26:57(UTC)
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Why not seek advice on this from a solicitor who specialises in divorce/separation?

Then at least the right questions might be answered, even if you hadn't thought to ask them!
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4 users thanked Alan Selwood for this post.
Tim D on 01/06/2018(UTC), Bruce J. on 01/06/2018(UTC), Paul Phillips on 01/06/2018(UTC), Mostly Retired on 02/06/2018(UTC)
Bruce J.
Posted: 01 June 2018 13:27:38(UTC)
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Joined: 04/11/2016(UTC)
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Alan is absolutely right. This is an area where you are well advised to get professional advice. In cases where couples are actually married the courts can go back several years and demand restitution if one party had not had a fair deal. It's one of the very few areas of law where this can happen.

If this was only a fiancee then your position is much stronger but you should guard yourself against a situation where you suddenly find the issue popping up many years down the line.

Many solicitors will give you a "consultation" for a small, one off, fee, where they will put you in the picture. It might also be wise to get them to handle the mortgage transfer for you. Don't just walk into any solicitor on the high street. Get a recommendation by asking around friends who have had a divorce. Personally I have always prefered the very small solicitors firms where you may be dealing with the senior partner himself/herself, not some young clerk just out of college.
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Paul Phillips on 01/06/2018(UTC)
Paul Phillips
Posted: 01 June 2018 19:37:07(UTC)
#4

Joined: 01/06/2018(UTC)
Posts: 3
I appreciate both of your input, I certainly do intend to seek further advice from a solicitor and have been searching for local solicitors through Citizens Advice today who offer a FOC 30 minute advice service.

The main reason for this post was to see if anyone had been in a similar situation or could offer some guidance before I do move forward to the solicitor stage, forewarned is forearmed so to speak.

Basically when we bought this house we were short on the deposit so my parents and my exes parents gave us 2.5k each to fasicilitate the move. After around a month of moving in I found out she was being unfaithful, given the circumstances it was appropriate that her parents knew the situation given the financial help. They agreed it wasn't my fault at all and that I could stay in the house without the need to repay them what they lent us.

I have been in contact with my exes mother and father since as we live fairly close and bump into one another in the supermarket etc I made her aware of what my family is now looking to do and she was very accommodating and told me to go ahead based on the previous unwritten agreement.

Obviously I have niggling doubt in my mind but I feel they will stick to their word, I was basically just curious what the process would involve. I have since this post recieved an email back from a solicitor which outlines it in leymans terms. So hopefully all goes according to plan, I'd cover any solicitors fees involved so I'd hope they honour what they have previously agreed with me.
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Bruce J.
Posted: 01 June 2018 20:03:02(UTC)
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Some years ago a friend of mine was in a very similar situation, but married. She said she didnt want anything. I advised him to insist on giving her a "token" payment of a couple of thousand, and she signed over the property. When they divorced the female judge insisted they attended court in peson and tried to persuade her to reopen the discussion but she said she was happy with what she got and left it there.

A few months later she met a new partner - and he persuaded her to start asking for more money - half the value of the 3 bedroom house in London. Fortunately, as it had gone through a court and money had changed hands the agreement could not be overturned - but it's a lesson in how people change and circumstances change. My honest advice is get a lawyer and make sure its a good one. Better to spend a couple of hundred now than to have a claim against you for a hundred thousand this time next year.
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2 users thanked Bruce J. for this post.
Tim D on 01/06/2018(UTC), Paul Phillips on 02/06/2018(UTC)
Paul Phillips
Posted: 01 June 2018 20:39:49(UTC)
#6

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Absolutely Bruce, I suppose the only difference being we weren't married which from what I can gather entitles her to less rights. If the worst case scenario happened and she said she wanted half the equity I feel the case is fairly strong in my favour that I've the mortgage from my personal account for the past 8 years and all bills have been in my name since she moved out.

However that's not to say she couldn't push it, I'm sure some ruthless solicitors would encourage her to go for what they'd deem as her legal entitlement regardless of the fact she's never paid a penny.

If it came down to it I'd go as far as offering her parents the 2.5k they gave us initially and deduct that from the equity. They have previously said they wrote it off and wouldn't ask for it back but as you say you never know what the other party may do, pound signs can make people change in a instant.

We are looking to move fairly quickly so I think my next step would be to begin valuations then when I have an offer agreed begin the process with the solicitors for the sale and transfer.
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Alan Selwood
Posted: 02 June 2018 08:07:33(UTC)
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If not already done, check the manner in which the house was purchased and owned:
Was it (as usually done) as joint tenants, or
Tenants-in-common.

If joint, the survivor owns it all on death, regardless of any will.
If tenants-in-common, you each own a separate half.

Whichever applies, her signature will be need on the transfer to the new owners, and on any mortgage documents relating to your ownership.

So tread carefully, make sure where you stand, get proper advice, and obviously consult the solicitor about getting any agreements signed by the ex relating to relinquishing all rights to the house or any payment relating to it now or later!
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1 user thanked Alan Selwood for this post.
Paul Phillips on 02/06/2018(UTC)
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