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Problem with my daughter and her ex partner

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  • Problem with my daughter and her ex partner

    Our daughter has a child aged 8. Her father has never seen her as he left when our daughter was pregnant. He does pay to maintain her.
    She lived in an apartment and met someone else six years ago. They decided to buy a property together two years ago.
    The property was £150,000. We helped her out by paying her half £75,000. He put a deposit down of £10,000 and the rest was joint named mortgage. They bought it Tenants in Common. The solicitor registered a Deed of Trust to that effect.
    He has always been very uncommunicative, strangely so. Very cutting with clever remarks. We didn't like him. A few months into the relationship, she found he was using dating sites, online. There was a big row and he promised not to do it again and they came to terms with it.
    He has upset so many of our daughters friends, you wouldn't believe it. He doesn't care either.
    This year's holiday abroad they took with her friends. They also have an eight year old daughter. Our daughter contacted me to say that he partner had been awful to her friend and also been awful to their child. Our granddaughter was badly affected by this. She couldn't understand it.
    When they returned from that holiday, He did not speak to our daughter. He went out at strange times even going out late at night. No explanation. We had to go to a family Wedding and he reluctantly took us. It was awful, he didn't speak other than to tell a close family member that he was pleased that he worked nights so that he didn't have to spend time with "Her". It was most awkward.
    After that our daughter told us that they couldn't carry on that way. It wasn't good for the child. After a lot of talking she decided to try to get to the bottom of his personality problem. He said it was things that had happened in his past that made him how he was and the fact that he did not know who his father was. The man that brought him up, he was told by his mother, was not his actual father.
    Other things came to light. His mother, he says, was pregnant when she met the man she married. She married him before the baby was born. I have seen a picture of this man and he looks just like my daughters ex partner!!!! This man went on to have an affair with another woman who had his child, a boy. His wife divorced him but later remarried him. During this time, they had a daughter, together I presume. He has tried to kill himself twice over these recent years. He has contact with this son from his mistress but his wife and other children do not speak to him.
    Anyway, Daughters ex said that all this had affected him. She said he needed to seek professional help. He said he wouldn't. After a couple more weeks he decided that he would seek help, but never actually did. They were trying to make a go of it but he was just the same.
    One morning a woman came to the door. My daughter answered it. This woman said she wanted to speak to 'him'. She would not leave until she had. He had been working nights and was in bed but our daughter went to get him up. She knew that was something awful happening.
    He got up and the woman said to our daughter that 'Did she know that he had been cheating on her' All Summer he had been living a double life. He told the woman that he had finished with our daughter. He knew her, she was a friend of his family. His family were in on it too. This woman had two boys and had recently split from their father. As soon as she had a place of her own that is when our daughters ex had moved in on her. He was showering her with gifts and giving the boys allsorts of things. He was almost living there. She then found out that some money was missing, twice it happened. It was money her ex had given her for his boys. He admitted taking it £140 in all. She split up with him. One day she decided to go and tell him that her ex was after him for the money. She did not know where he lived but had a round about idea. She saw his car in the drive. She was surprised to see our daughter there. She said that she honestly believed that they had split up as that was what he said. She said she had dumped him now. There was a big row. Not between the women, but between our daughter and ex partner. She told him to go.
    He went but was sending flowers, takeaways, messages to her all the time. She kept telling him it was over and to stop contacting her, sending things. He started putting Childrens DVD's through the door with notes for our little granddaughter. She was upset saying to her mummy why can't he come back, she loved him, he was like her daddy. She thought her mummy was being mean.
    He actually sent me a message saying he knew it was all his fault and that he had made a big mistake.
    He finally got the message that it was over, she had to block him from her phone. This is when it all hit the fan.
    He told her that he knew she had swapped the locks in the house (exchanged front door to back door as he only had a front door key, the alarm was at the front and sash jammers on back door.) He said she had to leave the locks off for him as he was coming back to live there today. She is working today and her daughter is at school. He said she has to put the house up for sale. It is such a lovely home, furnished with all her things as she has lived in apartments for many years before she had a child.
    The worry is that today he will be there when she returns from work.
    Due to the fact we gave her money for her half of the house, she would not be eligible for help towards help for rent. The only option is for us to help her out with a mortgage as she doesn't earn enough. All this is heartbreaking. She has got an appointment with a solicitor for 4th Jan, she has told the bank where they got the mortgage from.
    Any advice would be welcomed.
    Tags: None

  • #2
    Maybe my long post was putting people off responding. I am sorry but I needed to explain things.

    He says he is sending a locksmith to change the locks after Christmas. Is this allowed?

    Comment


    • #3
      Originally posted by cacran View Post

      Maybe my long post was putting people off responding. I am sorry but I needed to explain things.

      Go back and edit it to put some paragraphs in it, great long blocks of text will be ignored.

      Comment


      • #4
        Basically your daughter has an 8 year old child from a previous relationship. She and her new partner of 6 years, purchased a house 2 years ago for 150k of which your daughter paid 75k deposit and her partner paid 10k deposit. They have a mortgage for the balance in joint names.
        The property is Registered as Tenants in common. The solicitor registered a Deed of Trust to that effect.
        Your daughter and her partner have now split with him leaving the home but threatening to move back in, using a locksmith to gain entry if needed.
        I suppose your question is what are your daughters rights to stop him moving back in and what can be done to sort the house out for the future.

        I think I pretty much covered what your asking in the few lines above.

        Comment


        • #5
          Yes you have it in a nutshell. I was in such a state that I rambled on, to get it all off my chest I think. I am sorry about that.

          That is my question and thank you for taking time to edit it for me.

          Comment


          • #6
            Originally posted by ploddertom View Post

            Go back and edit it to put some paragraphs in it, great long blocks of text will be ignored.
            You are right, but Jinxer has done the job for me, for which I am grateful.

            Comment


            • #7
              Will I need to repost it?

              Comment


              • #8
                Best to repost.

                Comment


                • #9
                  Originally posted by 2222 View Post
                  Best to repost.
                  And does the deed of trust for the property specify who owns what proportion of the equity?

                  Comment


                  • #10
                    I would repost if you want professional advice , try to just stick to the facts and leave personal things out. This isn't really a family matter unless they are married. The main consideration is how to deal with the property.
                    The deed of trust is going to be key to what each gets. I wouldn't think there is going to be a substantial amount of equity in the property after only 2 years ownership and I can only comment from experience. A Solicitor is going to cost in my estimation 5k and only if they can deal with it amicably, without to much opposition. If you can sort this out for yourselves then that will be the best option for both your daughter and her ex partner.
                    Without knowing what the deed of trust specifies then we are only guessing, but I would say that in this type of situation you get back out what you have put in as being the fairest way to deal with it.
                    I can see 3 options here... Option 1 to buy the ex out.... Option 2 for the ex to buy your daughter out.... and Option 3 to sell up and start afresh.
                    The first thing I would want to do is have the property valued by someone both your Daughter and her ex agrees with. That should cost about £150.00 and then go from their.

                    Comment


                    • #11

                      Your daughter is right to be going to see a Solicitor. It's really a decision whether she needs to take any formal emergency action to protect her and her daugher, and their home, for the next 11 days over Christmas and New Year. He's threatened to change the locks 'after christmas' - I'm not sure if that is to change the locks to lock her out of the property or just so he can gain access as she has removed his access by switching the doors?
                      Potentially his behaviour could warrant obtaining an injunction temporarily while the house is sorted out - to protect her and her daughter. However weigh up how he might react if this kind of action is taken.
                      https://www.gov.uk/injunction-domest...on-molestation
                      https://www.gov.uk/injunction-domest...ity-occupation

                      It may be worth getting in touch with Shelter and Womens Aid as they will have experience of this kind of issue that is borderline. Really all she needs to ensure he doesn't somehow remove her from her home before she can get formal legal advice from her solicitor.


                      Does the Deed of Trust set the property ownership 85%-15% ?




                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

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                      Comment


                      • #12
                        Can I ask some questions:

                        Is the ex-boyfriend violent?

                        Looking at it from his point of view, is he being that unreasonable? This is a home he has paid part of the deposit for, and half of the mortgage. Why is he being excluded? Why should it be him who has to move out, rather than your daughter? His suggestion that he will break in may be no more than his way of saying that excluding him is unfair, and can you honestly say he's wrong about that?

                        Can I also suggest that the starting point to sorting this out is the trust deed. Do you have a copy? To be practical about this, you need to reassure the ex-bf that you will buy him out of his share of the house, remove him from the mortgage, and let him have a fair share of any joint belongings, so he can make a fresh start elsewhere.

                        And I suggest you make a deliberately generous offer, so he can see it's worth his while to accept it, rather than spending a fortune on lawyers.

                        Comment


                        • #13
                          Having been through this myself in the past I can totally relate to what 2222 is saying.
                          Amethyst is also totally correct if their is no reasoning with the ex, but both his and your daughters costs can swallow up a huge amount of money that could be put to better use if you can deal with it reasonably. It doesn't sound from your initial post that the ex has been or is being violent to your daughter, more that he is just a total a***hole and maybe he was trying to split her from her friends and family so he could be controlling or even as a reason to hide his infidelity. Friends and family are usually the first to hear about affairs and stuff and your daughter would be last to know.
                          It will be a bonus if the Deed of Trust is 85%-15%
                          The one thing you need to hope for is she don't forgive him and take him back.

                          Comment


                          • #14
                            This is a condensed version of Deed of Trust.


                            It is between both of them at their address and dated, therefore
                            after called the owners.

                            Whereas By a Transfer Deed, of 'date' the property details of which are set out in the schedule hereto was transferred to the owners to half by them as Tenants in Common.

                            This declaration is to set out the respective interests of the owners of the property and it's proceeds of sale and net rents and profits thereof until sale.

                            Now this deeds witnesses as as follows.

                            1 the owners hereby declare that they hold the property on a trust of land

                            2 the owners hereby declare that they hold the property and its proceeds of sale( after deducting there from the costs of sale)and the net rents and profits until the sale upon trust for themselves as tenants in common.

                            As to £10,000 for me (his name) absolutely

                            As to £75,000 for (her name) absolutely.

                            In witness thereof this declaration has been duly excecuted the day and year before written

                            Then shows title number , names and witness.

                            Comment


                            • #15
                              Daughter went to police, just in case things turned nasty, so they have a record. He has never been violent with her of our grandaughter but he does smash things up in temper.

                              Police said to return locks to original door and give him access to pick his property up, which he did whilst she was out.

                              Got valuations for the property from three estate agents. Between 145,000mand 150,000.

                              What questions should she ask at the solicitors? She gets one hour free of fees, so needs to use it wisely.

                              It was suggested that it could possibly cost £5,000 fees for solicitor. Would he have to pay a similar amount for his solicitor? If so could they sort it out with minimal use of solicitor?

                              Comment

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