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Hi all
My ex (mother to my child) and I spilt up just over three years ago. Not married. I moved out, she stayed in the house which I had bough solely and is in my name only. We only lived there for 9 months prior to separation. In total we had been together 5 years. child was just shy of three pre split. I have financed the house fully and paid for the mortgage in full (bar the fact that I stopped paying child maintenance at some point as i was paying full mortgage- this is an agreement we had). I tried to sell the house, and in the end she prevented it by raising a second court order, occupations and also now under schedule 1 and TOLATA. We are due to go to FDR once court re opens. I had offered her 40% of the equity on sale for her to leave as she has no financial provisions and the children (she has son from previous who i looked after) so she could stay local. The house was under offer and close to exchange but last minute she pulled the plug by taking me to court. Since court I have no offered her to stay in the house until our son is 18 if she pays the mortgage or at least part but on the condition that i now retain 100% ownership and equity when i sell after son is 18yrs old. She wants to do this but is not willing to accept the equity situation citing that she has beneficial interest in the property, I see it as her essentially being a tenant in a house a bought outright so she wouldn't have any interest just like a tenant doesn't. She obviously doesn't see it like that. I think she has weak grounds for beneficial interest.
Any ideas?
Best
Mac G
My ex (mother to my child) and I spilt up just over three years ago. Not married. I moved out, she stayed in the house which I had bough solely and is in my name only. We only lived there for 9 months prior to separation. In total we had been together 5 years. child was just shy of three pre split. I have financed the house fully and paid for the mortgage in full (bar the fact that I stopped paying child maintenance at some point as i was paying full mortgage- this is an agreement we had). I tried to sell the house, and in the end she prevented it by raising a second court order, occupations and also now under schedule 1 and TOLATA. We are due to go to FDR once court re opens. I had offered her 40% of the equity on sale for her to leave as she has no financial provisions and the children (she has son from previous who i looked after) so she could stay local. The house was under offer and close to exchange but last minute she pulled the plug by taking me to court. Since court I have no offered her to stay in the house until our son is 18 if she pays the mortgage or at least part but on the condition that i now retain 100% ownership and equity when i sell after son is 18yrs old. She wants to do this but is not willing to accept the equity situation citing that she has beneficial interest in the property, I see it as her essentially being a tenant in a house a bought outright so she wouldn't have any interest just like a tenant doesn't. She obviously doesn't see it like that. I think she has weak grounds for beneficial interest.
Any ideas?
Best
Mac G
