Ex Paid Nothing But Wants Half

[Lindiloo]

My ex never paid child support on the basis that he would give up his rights to any equity in the house. At the time the children were around 7 & 9 years old.
The children are now 19 & 21 and my ex is now asking for his "half" of the equity in the property.
So for the last 12 years he has paid nothing towards the upkeep of the children or the property but has now conveniently "changed his mind".

I'm guessing everything is against me now.
1. I didn't get any kind of legal arrangement drawn up or anything whatsoever in writing.
2. I have paid interest only since we separated.

I wonder if anything at all would sway things in my favour.
a. I initially paid the £8000 deposit for the house.
b. I paid solely for the upkeep of the children since we separated and have struggled desperately. (He only ever gave them Christmas and Birthday gifts. Generally less than £100 per child)
3. I have had to maintain the property over the 12 years without assistance. ie boiler repairs, electrical repairs, replacement windows and doors.
4. I have maintained insurance on the property.

I have had recent valuations and the current equity would only be around £22000 which would mean me paying him £11000. (Eventhough he disagrees and believes the property is worth more).
Also I wouldn't currently be able to get a mortgage in my own name in order to release him from the mortgage.

Any legal advice would be appreciated.

and yes .. I know I was stupid to trust his integrity.

[PAWS]

Re: Ex Paid Nothing But Wants Half

Hello!
I am sure one of the experts will take a look at this when they get a chance but in the meantime….You were not stupid to trust his integrity – stop being hard on yourself. He was your partner and the father of your children so if you were not going to trust him who would you trust? I know I have put a lot of faith in people in the past - a lot more for a lot less in fact! Now do not be so sure that everything is against you. You may have nothing in writing but then neither has he. You do however have a clear record of bringing up two children with no support and he cannot show he paid maintenance. One nil to you. You can show you paid all utilities and mortgage and he cannot show he contributed at all. Two nil.
Now I won’t pretend to know your legal position but I would be interested to see what the clever beagles have to say when they get a chance to read this post. If I were you I would start adding up the positives. Gather every bit of paperwork you can and then make a list of the facts such as when he left and what if any payments he did make. This way you are ready to answer any questions the experts may ask.
The main thing is, and I know this is hard, but try not to fret. I see you are still online. OK it is a Saturday night but remember this; You have done a remarkable job keeping your family together and providing a good home for them. Now they are older you should be relaxing a little and patting yourself for a job well done. This is not the first battle of your life and I am sure you have faced tougher challenges.:fencing: You came through them and you will get through this.

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

Thank you so much for taking the time to respond. I do take great pride in the fact that I've brought up two fine young men alone. It's been difficult for them too at times and this latest hurdle is probably more of a blow to them because there's no emotion involved from my perspective, but for them it's as if he's now saying £10k in the bank is more important to him than a roof over their heads. The eldest left uni and has a good job and the youngest has just finished his first year at uni, but they still live with me.

Ive fought to get us this far.... I won't stop now

[des8]

Re: Ex Paid Nothing But Wants Half

no expert but it would seem inequitable to me if your ex's share in the equity amounted to more than peanuts.
Your deposit (you can show this was your private money?) so IMO he has no claim on that
He shared the house with you for a few years, so his contribution was 50% (you were looking after children and keeping house &/or contributing financially? )
Next 12 years you were 100% responsible, with virtually no financial support.

Can't see him being successful in this claim for 50%.

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

Thank you des8. That's exactly how I see it but I wondered if that's how a judge would.

Ideally Id like to be able to say, "As of today I owe you ?£3k?, and I'll release you from the mortgage one way or another within ?2yrs?", but I'm pretty sure it wouldn't be that simple .

[PAWS]

Re: Ex Paid Nothing But Wants Half

Well Des, you are certainly an expert in my eyes -I wonder who would be the best person to take a look? Any ideas [MENTION=49370]Kati[/MENTION] ?By the way Lindiloo, why is your ex so sure he is entitled to 50%? Has he sent anything official to claim this or is he just spouting off ‘Bar Room ‘ lawyer rubbish?

[Kati]

Re: Ex Paid Nothing But Wants Half

[MENTION=8640]leclerc[/MENTION] might know :noidea:
[MENTION=50514]Lindiloo[/MENTION] ... while I'm no expert in this, I'd agree with what des8 and PAWS have said so far. Your ex seems to be pushing his luck :sad: I hope you get the help and advice you need xx

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

He's never been very proactive but claims to have spoken to a solicitor. It's more likely that his mum or his current partner have spoken to a solicitor on his behalf. If anyone actually has !?! .... And just as likely it's what some bloke in the pub has told him.

We never divorced because, although I started proceedings when we first separated, he wouldn't sign and I didn't force things as I just wanted things to remain amicable.
He has been living with his current partner for a few years and they have been converting their property (flat with workshops below - to a house) for which his partner has taken out a mortgage.
He claims he is unable to obtain a mortgage with her because he is still tied to my mortgage, but I am aware that he has large unpaid debts and seriously doubt that he would be able to get a mortgage even if he was released from this one.

I think it is purely based on the fact that he wants the money.

I am at a point where I would like to have some refurbishment work done to increase the value of the house and then sell it asap, but I don't want to spend money on the work to then give him half of the profit from the sale.

[Amethyst]

Re: Ex Paid Nothing But Wants Half

He wouldn't be awarded half of the property or any where near that. I would contact your own solicitor - or have a chat with a specialist family law firm - they often do a free first half hour consult, and quite a few will do it by phone ( have a mooch on here http://lbcompare.co.uk/family-and-re...ntment-family/ and some will give you a good idea for free - eg. family law centre ( http://www.familylawgroup.co.uk/site...l-advice-line/ ) ) - which will give you a much better idea of what he might be entitled to - and it definitely is NOT half of the equity.

[meellis]

Re: Ex Paid Nothing But Wants Half

I am by no where near an expert on this but I would be slightly concerned if he has as you state large unpaid debts. I would normally say gather evidence but wait for him to actually start some form of proceedings and claim but if he has debts and is on the mortgage and deeds then I would be careful that none of his creditors could take security against your property. Unfortunately I feel it needs sorting out properly so you can both move on properly.

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

My ex never paid child support on the basis that he would give up his rights to any equity in the house. At the time the children were around 7 & 9 years old.
The children are now 19 & 21 and my ex is now asking for his "half" of the equity in the property.
So for the last 12 years he has paid nothing towards the upkeep of the children or the property but has now conveniently "changed his mind".

I'm guessing everything is against me now.
1. I didn't get any kind of legal arrangement drawn up or anything whatsoever in writing.
2. I have paid interest only since we separated.

I wonder if anything at all would sway things in my favour.
a. I initially paid the £8000 deposit for the house.
b. I paid solely for the upkeep of the children since we separated and have struggled desperately. (He only ever gave them Christmas and Birthday gifts. Generally less than £100 per child)
3. I have had to maintain the property over the 12 years without assistance. ie boiler repairs, electrical repairs, replacement windows and doors.
4. I have maintained insurance on the property.

I have had recent valuations and the current equity would only be around £22000 which would mean me paying him £11000. (Eventhough he disagrees and believes the property is worth more).
Also I wouldn't currently be able to get a mortgage in my own name in order to release him from the mortgage.

Any legal advice would be appreciated.

and yes .. I know I was stupid to trust his integrity.

I have studied relevant law but am by no means a legal expert. I would require more information before I could provide a reasoned view. 1) Who's name is the property in, ie both names or just yours? 2) How long have you been married and when you are expected to divorce? 3) How long had he lived in the property, and when did he physically leave the property?

Contract

Offer, acceptance, consideration (ie benefit/ detriment for all parties), contractual intention. It was held that fore-bearance (agreeing not to do something) of child support was not good consideration. It's unlikely then that agreeing not to pay child support so mother keeps the all the equity in the property is good consideration. So there is likely no contract whether it was in writing or not, it does not matter. This is not important though but what is, is whether he acquired any interest in the property.

Legal interest: property's deed

In general if the property is a joint mortgage then this is joint tenancy but if the property is in both names separately then this is independent ownership (ie tenancy in common). If it were a joint tenancy purchase the property is automatically shared 50/ 50 when the property is sold, however there are exceptions if one party can prove the other never contributed at all. This deals with the legal interest, ie the parties were named on the property's deeds. If there's a joint tenancy it can be severed. Currently if you die with a joint tenancy the property automatically goes to him so any Will you have is void.

Beneficial interests: property

The next part will deal with beneficial interests in property, that is where there is no legal interest, ie not on property's deeds or joint mortgage. Beneficial interests were interpreted by the courts to benefit females mainly whose savvy, usually male partners put the property in their own name: legal interest, leaving the girlfriend assumingly no rights. Beneficial rights works like this, in general if someone pays half of the deposit or contributes to the property in some way the court could potentially make what is called an implied right principle (implied trust) to ensure the person on the deeds will not throw the other out (ie property is held on trust for other partner and or children etc). Beneficial rights are recorded on the property's land register so any person with an interest in the property knows who has ownership and other with beneficial rights. If there is no restriction or notice it's assumed there's no beneficial rights so the onus will be on the person who claims beneficial rights to prove it.

Divorce

Marriage is different as the rule is at the point of divorce both spouses' assets including the family home will generally be divided in a 50/ 50 split, but again there are exceptions, ie one party paid more than the other.

[leclerc]

Re: Ex Paid Nothing But Wants Half

Am gonna defer to Openlaw on this one because it relates to marital property and am a bit more clued up in regards to care proceedings which this is not.
Good Luck Lindiloo

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

The property and mortgage are registered in both names. I was advised a few years ago to change ownership to Tenants in Common, which I did.

I bought the property in October 1994. I would have to search out documents to find exactly what year we added his name to the mortgage. We married in Sept 1997 and separated summer 2003.

Since leaving he has contributed to nothing.

There is already a charge on the property (£1800 unpaid debt in his name since we separated). I was hoping to reach an agreement and draw up a legally binding arrangement regarding the property and the way it would be split, as the last thing I want is to end up with further charges on the property. I would also like to finally be divorced.

i was in financial difficulty and declared bankruptcy in dec 2014. I have already had to buy back my beneficial interest in the property once.

[Openlaw15]

Re: Ex Paid Nothing But Wants Half

The property and mortgage are registered in both names. I was advised a few years ago to change ownership to Tenants in Common, which I did."

Gold star to the whomever advising you to get a tenancy in common in your situation. If you were to die now any Will you make affecting your interests in the property is effective, ie the interest passes to whichever beneficiary you name. The thing with tenants in common is that you can have un-equal shares in property unlike joint tenancies. At the time did you indicate on the tenancy in common the share ratio, or was it intended as 50/ 50 when both names were put on the deeds and registered?

"I bought the property in October 1994. I would have to search out documents to find exactly what year we added his name to the mortgage. We married in Sept 1997 and separated summer 2003."

You say you bought the property in October 1994 so it is presumed he was put on the deeds at least some point afterwards but before your marriage Sept 1997? He will benefit an interest in the property when he put his name to those deeds: legal interest.

The fact you purchased the property yourself in 1994 and prior to your marriage in 1997 is strongly in your favour. The fact you have a tenancy in common agreement also immediately indicates that you never intended the property to be a 50/ 50 on split, but said split would apply in a joint tenancy arrangement. Kudos to your adviser friend/ other. Deduct £8000 from his share for the deposit you paid for the property before he moved himself in.

"Since leaving he has contributed to nothing."

Thank your lucky stars he never contributed anything since 2003! 13 years, a significant amount of time, have lapsed where you have occupied the property and maintained it yourself. Deduct an amount for this too from the 50/ 50 presumption at the point of divorce. What did he contribute when he was living in (occupying) the property? Did he pay for any conservatories, walls, patio windows/ doors? Did his parents or any one else in his family contribute? If you have paid out for anything over these 12/ 13 years including central heating, including looking after the children, deduct for these amounts too.

There is already a charge on the property (£1800 unpaid debt in his name since we separated). I was hoping to reach an agreement and draw up a legally binding arrangement regarding the property and the way it would be split, as the last thing I want is to end up with further charges on the property. I would also like to finally be divorced."

In total, how many charges are on the property besides the bank's (secure creditor) mortgage? Are you expecting more land charges on the property? Deduct the charge's value and anything else from the 50/ 50 presumption at divorce from his side.
i was in financial difficulty and declared bankruptcy in dec 2014. I have already had to buy back my beneficial interest in the property once.

I think the guy is in cloud cuckoo land if he thinks, when you divorce, he is going to get anywhere near 50% of the property on your facts. When you deduct for maintaining the house, the financial welfare of the kids, paying the mortgage yourself from 1994 to 2016, ie to current, it doesn't sound like there's going to be whole lot left for him. Worse case scenario for you, he only has a property interest in actual possession from 1995/1997 - 2003. However, as you're still married he still has an interest in the property. Shame you can't take his arse off the deeds, shame you never divorced him years ago.

No matter what, he has paid zero towards property's deposit, zero to mortgage, zero to maintaining property from 1995/ 1997 - 2003, and zero since he moved his lazy arse out of the property from 2003 until 2013. Surely to the high heavens above this has to be tremendously in your favour. I think he'll be very fortunate to get 20% of the property's interest when you divorce. He does not have children to take care of as you have done that. If he takes off you, he is taking from his children so you could look at like that. In his own situation, he is not a father to any other children, he is merely sponging off another woman. So, £22,000 equity you say, he'll be lucky to get £5,000 at divorce is my view.

In contrast you will likely be award an extra amount to continue to look after your family, ie continue providing them with a home as you have done for years. It is very unlikely he could even force a sale of the property. It's un-likely lawyers will take the work on as there is little money for them to benefit. I cannot see a lawyer supporting your husband's case so it must have been a very drunk friend in a pub who told him he could get 50% of the property.

[Lindiloo]

Re: Ex Paid Nothing But Wants Half

Thank you Openlaw. I really appreciate the time you've spent reading through and responding to each point.

This whole situation is not going to sort itself and I think I just needed to know that my 'take'on things is not totally Pie in the Sky. Obviously, I don't expect a clear cut "He'll get this and You'll get that" response, but just to know that the points that I feel are significant would hopefully be considered is quite reassuring.

I think at this point I need to 'get off my arse' and set things in motion.

Another point that has come to light and does make me curious is the fact that he won't give me his current address. My eldest son has been to the house before and went at the weekend to find out the actual address for the property, but they wouldn't tell him. It's an old property without a house number, on a lane, off another lane, so it's not straight forward.

I've since found the address online and wondered if there is any way of finding whether he actually has financial links to the property. I don't want anything from it, but it could be useful for extra leverage to get him off my case.
The fact that he was so desperate for me not to have the address makes me wonder why ??

Maybe he just doesn't want any links between his current address and his debts.