Separation

[neptune74]

Hello all... it’s been a long while since I last posted and hope someone can again help me.... I have two children, 18 and 15. I started a new relationship last year and my partner moved into my house for which I had equity... my partner and I decided to extend the house and we got a joint mortgage to cover the extension as I didn’t have enough income to get the extension mortgage on my own...at this point I put her on the house deeds in April this year...we are now split and the extension half done.... my concern now is what will happens to my house? Because I put her on the deeds this year will she be entitled to half my house, therefore equity that I built up? Can she force me to sell the house as I cannot get a mortgage on my own to be able to take her off the extension mortgage... help needed and in real mess!!! Thanks all

[Peridot]

Hi Neptune74, sorry to hear your issues.

I need to go back a step or two just to clarify what has been going on. So, you owned the property (with a mortgage) in your sole name.
When you took out a 2nd mortgage did the property title get put into both names then, or was it just the mortgage that is in both names?

If the property was put into both names do you know if it was as joint tenants (so if one of you died it passed to the other automatically) or was it as tenants in common (you each own a specific share of the property that you can will to whoever you want) Did you have a deed drawn up stating what share your partner your have (if any) I suspect you didn't from your post but just checking.

If you're unsure about any of this the best place to start is to get a copy of the information held at HM Land Registry here:- https://www.gov.uk/search-property-i...-land-registry I believe about £3 to get a copy of the information. That way we can see what we're dealing with.

Has your ex been contributing to the mortgage? How much equity was there in the property before your ex was put on the mortgage/property title. Did you make any promises that she would own half the property? How are you paying the mortgage now your ex has left or are they continuing to contribute something? Has your ex said anything about what they want to do?

Don't panic we just need to unravel a bit of what has happened then we can hopefully point you in the right direction.

[neptune74]

Thanks for the quick reply.. I owned the property on my own with a mortgage prior to the new relationship ... as for the property title I am sure it was both names upon the mortgage and deeds .

yes she contributed and is contributing to the mortgage. Prior to the new mortgage I had approx 110k equity and I made no promises that they would own half the property

[Peridot]

Hi again,

Do you recall if when you put both names on the register you held the property as tenant in common or joint tenants. Did you have independent legal advice at any point or did you just deal with everything together. Not a criticism just need to know to explore options. None of us think it's not going to work out when we move in together. Do get copies of the property title and we can help you decipher it if needs be.

It is a good thing it has been such a short time. No she won't get half the house but you do need to deal with things .

You need to get her off the property title or enter an agreement about how you deal with things until you can take over the mortgage yourself and whether she is willing to do that. Of course she probably won't be able to get a mortgage until her name is off yours property so she will want to sort it out. Can you afford to pay the mortgage (including the extension mortgage) on your own? Has she suggested anything or any way to deal with this yet?

You are going to need to get some face to face advice on this, just to understand what your options are before deciding how to tackle it. It's not insurmountable but it is complicated and needs to be sorted to ensure you and your kids have security for the future.

Get yourself a copy of the HM land register from the link I posted above and make an appointment for a free half hour or reduced fee initial appointment to look at your options. Then you can decide how you want to try and proceed.

We're here if you need us.

[neptune74]

Thank you greatly.... I will firstly get a copy of the deeds as you have suggested and will post an update... I appreciate all the information as its very much appreciated...

[neptune74]

It’s been a while since I have posted but I thought it worthwhile to update... having taken various pieces of advice from the brilliant contributors to this page I managed to come to an agreement to change from joint tenants to tenants in common, stating the equity which was originally mine would stay with me and the children. Small battle won.

however, now that we are tenants in common my ex has left the property and has refused to pay her half of the joint mortgage... I am prepared to do whatever I can to pay the mortgage myself, but ofcourse the joint mortgage will still be in both names until I can sort out a new mortgage etc. One question hiwever is to do with access? She states she can come back anytime of the day even though she isn’t contributing to the mortgage anymore. Can I change the locks to prevent this access if we are now tennant in common and her not paying her half of the mortgage? As ever any assistance is appreciated

[Peridot]

Hi Neptune74,
Apologies for the delay. Legally as you are both on the property register whether as joint tenants or tenants in common your ex has a right to be at the property as much as you. Practically if you did change the locks your partner could call the police or make a claim in the Courts. Of course this would force the issue of the house ownership to be dealt with but there would be significant cost involved which would probably not be helpful at this point.
Does your ex still have personal items at the property? If so could you arrange for them to be collected or stored safely and securely, maybe a watertight shed/outhouse? Then there would be no reason for them to come into the property?

As far as the mortgage is concerned you are both jointly and severally liable for this. The mortgage lender won't care who pays as long as payments are made. This doesn't help you of course but should be reflected in any payment due to her that has been agreed so their mortgage share that has been covered by you could be deducted from any eventual payment made to her.

No clear answer I'm afraid, I suppose you are best placed to know how far your ex would take this if you did change the locks. The sooner you can get the matter finalised and settle any sum due to your ex the better.

[neptune74]

Thank you as ever peridot.... .. but can she force me to sell the house?

[Peridot]

As a joint owner she could apply to the Court for an order for sale but why would she do that if you have agreed to pay an amount to her? She would get no more than has been agreed and in fact probably less once Court fees have been deducted it wouldn't be the best use of the asset. If you are able to transfer the mortgage to your sole name and transfer the property to you again then she receives the sum agreed. Even if she applied for an order for sale I suspect the Court would give her short shrift and at least allow you time to raise the funds to pay her off (although you can never be certain of course)

Have you looked into transferring the mortgage yet? Is there any other way you could raise the funds to pay her off? If you are able to I would definitely get the transfer documents signed and ready to go before handing over any money, just to be certain your ex doesn't backtrack once the money has been transferred.

[Lovelylyn]

What are the legal implications of estrangement with regard to remaining in family home in case much older spouse has to go to care home.

[Peridot]

Hi Lovelylyn,

It may be helpful to start a new thread if you want some advice on a situation you are experiencing. As an aside, if spouses live in a property and one has to go into a care home and a funding assessment is required then the Local Authority cannot push the remaining spouse at the property out. A charge could be placed over the property in respect of care home fees if there are insufficient funds to pay for this other than using the property.

The fact you are estranged shouldn't make a difference if you remain married and living in the same property. It would be sensible however to consider how the property is held, whether it is in joint names and if it is whether the couple are tenants in common (so own a specific share of the property and are able to Will that share to whoever they wish) or whether they are joint tenants so in the event of one dying the property automatically passes to the survivor.