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Hi All,
Would really appreciate some advice. Without being subjective here is my dilemma.
I recently split with my partner of 4 years (august 2012), in the 2nd year of our relationship we brought a property (2 bedroom flat) together (April 2010). We own 20% each of the 40% of the property we both own (part buy part rent). So we have a joint mortgage on the 40%. We’ve never missed a mortgage payment to date.
It wasn’t a bitter split, we haven’t had any arguments since and are in good talking terms. However, I think I have got the short end of the bargain.
Initially when we was talking about going our separation, she suggested that I would move out for short period of time then move into the second room of the property and we would have to work around that and see how it goes. Obviously at the time I agreed not thinking about other complications e.g. other partners etc.
A month or so later, although we was on talking terms she said she no longer wanted any ties with me and that I need to decide if I want to buy her out or vice versa. As my emotions around the split were still quite raw at the time I refused to make a decision quite soon after the break up.
So I have suggested that we get the flat valued first, as I would like to see how much it is worth so that I can decide if it is financially worth me keeping, selling to her or we both sell. She agreed to this so as it stands we are waiting for the valuation to be completed on 07/03/13.
Since august I have not been at my flat as she asked me not to come round, and even if I needed to pick some stuff up she would need to be present. I have continued to pay the mortgage since.
I am thinking that she could buy me out (no figures discussed yet), but I wanted to ask for the mortgage payments made since august as I have not had the benefits of owning/paying the flat since then. I.e. stay, have friends over or even make any changes.
I suggested that I can be a silent partner as I am aware how difficult it is to get on the property ladder. But I would be charging rent as to cover my part of the mortgage. She refused this idea after agreeing to it. Her reason being that it will get complicated, so I said okay.
The reason I don’t want to keep the flat is that it is something we had together, it has no parking facilities and 60% is owned by the housing association (less flexibility). Again, I am still unable to think this through as an investment; this may be as I never imagined it will come to this therefore this is all new to me.
As you can understand I would like to have my own space again.
So my main questions are that:
What can I ask for when it comes to her buying me out?
Can I ask that she pays me back for the mortgage payments since August?
What about all the furniture and things I’ve paid for in the flat?
What else should I be consider?
She recently asked me to pay half of the cost to replace the boiler, so I responded by saying I have not been there to contribute to the breakdown and have not charged rent as a landlady therefore this releases me of any maintenance responsibilities. I thought this was common sense, but she wasn’t happy to hear this and we agreed that I would pay her for the boiler if I buy her out.
I would be grateful if someone can give me some advice/guidance?
Ps Apologies if I have gone into a tangent or got you confused with the way I write-if so please feel free to ask for clarity.
Many thanks in advance.
My Rights_A
Would really appreciate some advice. Without being subjective here is my dilemma.
I recently split with my partner of 4 years (august 2012), in the 2nd year of our relationship we brought a property (2 bedroom flat) together (April 2010). We own 20% each of the 40% of the property we both own (part buy part rent). So we have a joint mortgage on the 40%. We’ve never missed a mortgage payment to date.
It wasn’t a bitter split, we haven’t had any arguments since and are in good talking terms. However, I think I have got the short end of the bargain.
Initially when we was talking about going our separation, she suggested that I would move out for short period of time then move into the second room of the property and we would have to work around that and see how it goes. Obviously at the time I agreed not thinking about other complications e.g. other partners etc.
A month or so later, although we was on talking terms she said she no longer wanted any ties with me and that I need to decide if I want to buy her out or vice versa. As my emotions around the split were still quite raw at the time I refused to make a decision quite soon after the break up.
So I have suggested that we get the flat valued first, as I would like to see how much it is worth so that I can decide if it is financially worth me keeping, selling to her or we both sell. She agreed to this so as it stands we are waiting for the valuation to be completed on 07/03/13.
Since august I have not been at my flat as she asked me not to come round, and even if I needed to pick some stuff up she would need to be present. I have continued to pay the mortgage since.
I am thinking that she could buy me out (no figures discussed yet), but I wanted to ask for the mortgage payments made since august as I have not had the benefits of owning/paying the flat since then. I.e. stay, have friends over or even make any changes.
I suggested that I can be a silent partner as I am aware how difficult it is to get on the property ladder. But I would be charging rent as to cover my part of the mortgage. She refused this idea after agreeing to it. Her reason being that it will get complicated, so I said okay.
The reason I don’t want to keep the flat is that it is something we had together, it has no parking facilities and 60% is owned by the housing association (less flexibility). Again, I am still unable to think this through as an investment; this may be as I never imagined it will come to this therefore this is all new to me.
As you can understand I would like to have my own space again.
So my main questions are that:
What can I ask for when it comes to her buying me out?
Can I ask that she pays me back for the mortgage payments since August?
What about all the furniture and things I’ve paid for in the flat?
What else should I be consider?
She recently asked me to pay half of the cost to replace the boiler, so I responded by saying I have not been there to contribute to the breakdown and have not charged rent as a landlady therefore this releases me of any maintenance responsibilities. I thought this was common sense, but she wasn’t happy to hear this and we agreed that I would pay her for the boiler if I buy her out.
I would be grateful if someone can give me some advice/guidance?
Ps Apologies if I have gone into a tangent or got you confused with the way I write-if so please feel free to ask for clarity.
Many thanks in advance.
My Rights_A
But on the other hand this could be a useful device because you could issue her with a formal tenancy agreement (AST) which could mean that she'd be entitled to Housing Benefit to pay the rent and you could offset her rent against your mortgage payments and reduce the tax bill 
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