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House buyout figure what is considered unmarried

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  • House buyout figure what is considered unmarried



    Hello,
    I would be very grateful if you can help me with some legal advice. I am hoping to buy my ex partner out of pur jointly purchased property owned in equal shares and we are unmarried with no declaration of trust. We purchased the house on the 24th July 2019 for 130k. We had a baby 14th August 2019 who is now 2 years and I also have a child from previous relationship who is now 8.
    We both equally spent £7,000 on renovations on the house between 14th August 2019 - 6th February 2020.
    We separated on the 6th February 2020 and my ex moved out. (After 6 months).
    We had a mortgage holiday April, May and June 2020. Ex paid 45% towards mortgage July - December 2020 and I paid 55%.
    I have paid full mortgage since January 2021 to current date (20 months @ £491 per month £9450).
    The house was in a derelict state when ex moved out we had no kitchen, no electrics downstairs and I have spent £11,500 to date on renovating.
    I attempted mediation twice with no success booked and ex cancelled in feb 2020 when we first separated and November 2021 which he didn't want to engage in.
    (Would a judge give any credit for this?)
    I believe he has drawn out the splitting of property due to prices rising and him wanting to benefit from a greater amount of money.
    Would I get any credit for this?
    The property is now valued in the region of 180k so increased value of 50k.
    When he moved out in feb 2020 two nearly identical houses sold in the street for £143,000 in October 2020 and £145,00 in Dec 2020 I believe this to be the value of the house then.
    I have done lots of law reading online and trying to get answers to what I can use in deducting or adding to my share of the property when starting at 50/50 entitlement.
    I understand I can either claim for the 'value increase' so £144k - 170k = 26k OR the amount I have spent on renovations (11.5k) is this correct? Or can I claim for both?
    Can I claim credit for the mortgage payments I have made in the last 20 months ?
    If so would this be a credit of the capital I have paid off or the full payment I have made each month?
    If we would have sold the property any time in 2020 for 144k like the others sold for we had a mortgage exit fee of £5000 plus estate agents and solicitors fees of 3k we would have had 136k left but been out of pocket as had spent 7k on renovations (central heating installing which the other properties that sold already had in).
    Therefore we would have both walked away with nothing. So if you look at it I have done him a favour by keeping his money invested? (Could you reword this statement?)
    Can I deduct the cost to sell eg solicitors fees, estate agents fees (even though it's a buyout, it's a saving I am making by buying out £3,100).
    Is there anything else I can deduct or that a judge would take into consideration such as domestic endeavour? eg
    I was on maternity leave 9 months and received £140 per week but still contributed 50/50 to all household bill's and mortgage while ex worked full time £600 per week. A loss of £12,000 compared to my earnings prior to maternity leave.
    I have been the resident parent and primary carer 5/7 days per week since we separated at 6 months old. I'm a childminder and my little boy counts as one of my 1:3 ratio reducing my income by 1/3 in 2.5 years I have lost £18,000 in earnings with still another year to go before he starts full time school.
    In November 2021 I was successfull in gaining a new job which was full time and asked my ex to split the childcare bill of £200 per week which he refused to do so I couldn't take the job. As I would have been working full time for the same amount of money as been a childminder and spending time with my son.
    I understand he can counter claim for occupational rent. However in March 2020 1 month after moving out he bought a 25k BMW on finance then a couple of months later a van for work which was a similar price. With both these on finance he wouldn't have passed affordability for a mortgage of his own anyway.
    He pays mainatainance which is £45 per week 7% of his weekly earnings.
    Please advice if I can make the above deductions
    I am also wondering about the court process when applying through TOLATA I will wait for him to take me to court if a buyout figure cant be negotiated.
    I wont have representation in court as I am already struggling with saving up for the buyout. I have save up 10k but looking likely I will need £18-25,000.
    Will I have to pay his court and solicitor fees? How common is this? How Is the cost of court worked out?
    How long would you wait for a hearing after applying ?
    I had already made a buyout offer of 15k in Septmber 2021 via email which I beleive was a very fair offer made up of his 10k deposit, 3k in house renovations and 2k of mortgage payments.
    Again would this be seen as a fair offer and will I get credit for this?
    Thanks so much for reading!!! Any advise greatly appreciated.







    Tags: None

  • #2
    Fundamental question - did you buy this as joint tenants or as tenants in common? Does the title now show a restriction that a transfer is not to be registered unless a receipt is given by two people. If so, then you are tenants in common. You get two very different answers according to which you say.

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