Mortgage tenant rights

[gtc]

Hello,

I really need some help to understand my position in relation to my home.

My ex, who bought the house with me since 2008 left in 2011, its a shared ownership scheme where the shared ownership owns 33% of the property.

Unfortunately, due to my credit file I haven't been able to have her taken off the mortgage because of a couple of defaults and 2 months of mortgage arrears in Feb 2012, the defaults are due to fall off my file soon though.

My main issue is that I've received an e-mail from my ex claiming £7,500 of the £15,000 equity in the house to date, my issues are;

1. Is she entitled to claim the money even though she moved out in 2011 when the house had a total of £5,000 equity.
2. I've paid her £2,500 already which in my view was half of the equity up to the point she moved out.
3. She never contributed to the mortgage and I have evidence of this both during our relationship and after.
4. She hasn't taken into consideration the other interested party (Shared ownership) in her calculation.

I just need to work out my legal position as this is causing me so much stress. If she did bring court proceedings, would I be in my rights to bring a counterclaim for contributions of the mortgage?

Any help would be really gratefully appreciated.

[gtc]

Re: Mortgage tenant rights

I should also say my ex did pay around £1,500 into the house for I think a new bathroom, however, I've paid for things like;

1. Full central heating installation £2,500ish
2. Re-roofing the porch roof £400
3. New external windows and doors for areas that were poor quality of around £1700.

[Crazy council]

Re: Mortgage tenant rights

hi

My main issue is that I've received an e-mail from my ex claiming £7,500 of the £15,000 equity in the house to date, my issues are;

1. Is she entitled to claim the money even though she moved out in 2011 when the house had a total of £5,000 equity.
2. I've paid her £2,500 already which in my view was half of the equity up to the point she moved out.
3. She never contributed to the mortgage and I have evidence of this both during our relationship and after.
4. She hasn't taken into consideration the other interested party (Shared ownership) in her calculation.

She would be entitled to half the equaty gained between the dates she was there *( half of the share equity ) ( 2011 ).

The equity gained between then and now would be yours. ( unless she contributed further )

Did she pay towards the deposit, or any large finacial input...
Do you have childeren

( these are the other things the judge might account for

Paying her £ 2.5k was probebly all she was due, Does not meen she will stop trying ( and i bet thats annoying

If, not kids, and no deposit. I would send her a recorded delivery letter, stating that she has had all whats due already, ask her to identify exactly why she feels like she is still entitled to some of the house asset. Detail how you have always paid the morgagee

If the letters from a soilisitor, add to the letter, that futher persue of this claim you consider invalid, would generate costs and you would want to claim them back off her

[gtc]

Re: Mortgage tenant rights

Hi,
firstly, you have no idea how glad I am to read this!


No, neither of us paid a deposit and have no kids. We weren't married either. As I said she did contribute about £1,700 but I'd put in much much more.


I'll start drafting a letter to her. She sent me the email Without Prejudice but my response doesn't need to be?

[gtc]

Re: Mortgage tenant rights

No it's not a solicitors letter but it's legally written. Her Aunty is a solicitor for County Council in their property dept.

[Kati]

Re: Mortgage tenant rights

If you don't want to send a response 'without prejudice' then that is your choice :tinysmile_grin_t: all it (re: her correspondence) means is that the letter she sent cannot be used against her in any court proceedings.

I would do as CC suggested, and reply

stating that she has had all what's due already, ask her to identify exactly why she feels like she is still entitled to some of the house asset. Detail how you have always paid the mortgage.

add to the letter, that further pursuance of this claim which you consider invalid, would generate costs and you would endeavour to claim them back from her.

[Kati]

Re: Mortgage tenant rights

No it's not a solicitors letter but it's legally written. Her Aunty is a solicitor for County Council in their property dept.

if it's not from a solicitor, it doesn't matter - her aunty could be the top judge in the UK and it wouldn't make a blind bit of difference :tinysmile_twink_t2:.

[Crazy council]

Re: Mortgage tenant rights

hi

I'll start drafting a letter to her. She sent me the email Without Prejudice but my response doesn't need to be?

Hi, because she has claimed without prejudice, all correspondence between you, in relation to negotiation, would be without prejudice.

Mark your return letter, Without prejudice save as for costs.

Keep it simple to the finances, because thats all a judge will want to look at if it gets to that stage...

[gtc]

Re: Mortgage tenant rights

Thanks, here is my response so far, what do you think.

Thank you for your email, the contents of which I note.

Unfortunately I dispute your claim entirely.


You left the property in September 2011 at the point in which there was, for all intents and purposes, an estimated equity of £5,000 in the house.


You will of course be aware that Swaythlings Housing (Radian Group) have a 33% share in any equity value, nevertheless, I paid you £2,500 in a fair full and final settlement of any claims to the property.


It is indeed the case that I made at all times the full payments to the mortgage of the property and have evidence of the same, in addition, I have paid a significant amount of money into the property throughout our relationship and thereafter.


You have therefore been paid all monies owed to you and therefore I am not prepared to pay any further monies for the reasons I have clearly outlined above.


You have been aware that through our relationship I suffered financial difficulties, the reasons for which are irrelevant in this matter they do relate to the fact you did not contribute to the mortgage, however, I advised you that in May 2013 I embarked on legal proceedings to resolve my credit file, a process which is well underway and has, up to this point, been found in my favour. Your claim that "despite my chasing, you have failed to transfer the property", is confusing to say the least as you are well aware of the reasons for the delay in doing so, although not yet resolved, I have, taken all steps in my gift to bring this matter to a prompt conclusion.


I must put to you my disappointment to your intentions in this matter, and advise you that further pursuit of this claim, which I consider invalid would generate costs and in any event I would endeavour to recover these costs from you.

[Kati]

Re: Mortgage tenant rights

I've just played about with the wording a bit:

[QUOTE]Thank you for your email, the contents of which I note.

I dispute your claim entirely.


You left the property in September 2011 at a point where there was, for all intents and purposes, an estimated equity of £5,000 in the house.

You will of course be aware that Swaythlings Housing (Radian Group) have a 33% share in any equity value, nevertheless, I paid you £2,500 in a fair full and final settlement of any claims to the property.

Furthermore, it is the case that I made the full payments to the mortgage of the property at all times and have evidence of the same. In addition, I have paid a significant amount of money into the property throughout our relationship and thereafter.

You have consequently been paid all monies owed to you and as a result, I am not prepared to pay any further monies for the reasons I have clearly outlined above.

You have been aware that through our relationship I suffered financial difficulties, the reasons for which are irrelevant in this matter they do relate to the fact you did not contribute to the mortgage, however, I advised you that in May 2013 I embarked on legal proceedings to resolve my credit file, a process which is well underway and has, up to this point, been found in my favour. Your claim that "despite my chasing, you have failed to transfer the property", is confusing to say the least as you are well aware of the reasons for the delay in doing so, although not yet resolved, I have, taken all steps in my gift to bring this matter to a prompt conclusion.

I must put to you my disappointment of your intentions in this matter, and advise you that further pursuit of this claim, which I consider invalid would generate costs that I would endeavour to recover from you.
[/QUOTE]

hope you don't mind :tinysmile_twink_t2:

[gtc]

Re: Mortgage tenant rights

Sending back via email ok? She sent me here via email with a draft settlement agreement attached.

Thanks for the changes, spot on.

[gtc]

Re: Mortgage tenant rights

When it does come to signing her off the mortgage, what if she refuses? What would I be able to do then? And what are her options if I don't pay her what she's owed, could she force a sale?

[Kati]

Re: Mortgage tenant rights

Sending back via email ok? She sent me here via email with a draft settlement agreement attached.

Thanks for the changes, spot on.

glad you approved :tinysmile_twink_t2: - email is more than ok to reply!

[Kati]

Re: Mortgage tenant rights

When it does come to signing her off the mortgage, what if she refuses? What would I be able to do then? And what are her options if I don't pay her what she's owed, could she force a sale?

Unsure on what would happen if she refused to sign off on the mortgage - although you could maybe ask her to pay half of it back to you is she did refuse :tinysmile_twink_t2:

Personally I cannot see her being able to force a sale, she has not contributed to the mortgage or the house at all. You will have proof of all your payments etc.... and if it did go to court, I couldn't imagine it getting very far.

[gtc]

Re: Mortgage tenant rights

Unsure on what would happen if she refused to sign off on the mortgage - although you could maybe ask her to pay half of it back to you is she did refuse :tinysmile_twink_t2:

Personally I cannot see her being able to force a sale, she has not contributed to the mortgage or the house at all. You will have proof of all your payments etc.... and if it did go to court, I couldn't imagine it getting very far.

Yes I have copies of all of my bank and mortgage statements from the whole period to date, I also have copies of all receipts for household work I've paid to have carried out which has brought the house up to it's current value.

I have a feeling I won't hear the end of it and fingers crossed she agrees to sign over the house.

Wonder if the fact I got married 2 weeks ago has something to do with it...