Advice on ex-girlfriend buy out of property

P

Philip Cork

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Split up with partner after nearly five years. I bought a house over two years ago and got a joint mortgage with her. She did not have any money towards the purchase of the house (deposit/solicitor fees/house kit out flooring/extras's) and I paid for everything regarding the purchase from initial booking deposit of 6k to getting the keys. I looked after paying the mortgage and also a home loan which covered the kit out of basics of the house and she looked after food and "some bills."

Parted company and have a child together, put the house on the market with no viewings and had agreed to sell the house and split the profit but hit stalemate when she refused for the home loan to be paid off with the sale and expected for me to continue servicing this. (22k)

In the meantime I have moved out and have been paying the mortgage, home loan and all the bills on the house as she is now not working and on the dole.

She now wants a lump sum and her name off the deeds and I have applied to the bank for information on going from joint to sole mortgage.

Her parents give a gift of some furnishings and now she is demanding money for these.

Booked in to meet my solicitor this week and wondering has anyone else been in this situation and may have some advice to offer?

I am with PMTSB and called about a mortgage holiday and they have changed there terms as you need to have 90% equity and I am down as 91% even though the property value is from '06 at 257,000. My neighbours house sold for 283k. Do I need to get it valued and sent to the bank?
 
Since you will be seeing a solicitor for legal advice then my advice to you would be:

You have a child together. You have a responsibility that will never end. Get used to that and change your frame of mind. Is she on the dole or is she minding your child? Is your child living in this house?
 
Thanks Vanilla

We have no problems regarding our daughter and maintainence but she wants to get house with social welfare. I am currently paying over 2.5k a month on servicing and looking after all bills as well as my own rent.
 
Hi Phillip,
It would be very worth your while having the house valued, and if this shows a LTV <90% this will hopefully give you some negotiating power with the bank.
I am afraid I don't have any advise for the other issues ,
Regards
Nicola
 
Thanks Nicola and for all the advice so far from here

I would not wish this on my worst enemy when a relationship breaks up especially when you have a beautiful child, stress and emotions and the current property climate does not help matters at all.

Vanilla : I did not have a problem with her on the dole even though she got fired from last job and has personal debt of nearly 15k with nothing to show for it.
 
Hi
Does anyone know what the actual legal position in this sort of case is?
Does a man have to pay for everything as the primary earner, even if the ex person is capable of supporting themselves? (excluding child maintenance issues)
(and vice versa, if the primary earner was a woman)
Is the situation different for ex 'partners vs ex spouses in terms of the financial responsibility both in
1)maintenance (not for a child, but for the ex)?
2)(joint)mortgage payment
3)(joint)loan repayment

Regards

Nicola
 
Spouses have obligations to each other in the event of a split. Parents have an obligation to children whether married to the other parent or not. Non married persons have no obligations to ex partners. None. At all.

mf
 
Thanks mf1.
Does anyone know what occurs in the event therefore of an unmarried couple splitting up, if both names are on the mortgage, even if one person contributed nothing financially to the property, are they still entitled 50% or the profit/loss on the sale of a property, or would it be on a pro rata basis(ie divided as per contributions made).
Presumably if married, and no children, marital assets would have to be divided equally?

Nicola
 
In this case what is not clear is whether both parties are on the deeds or just the mortgage. Where both names are on the deeds there is an implication ( which can be rebutted ) that both own jointly in 50% each shares. Where one person claims to have made a more significant contribution, a Court in a Partition case MAY grant a larger share of the property to them.
Where a person is named on the mortgage but not on the deeds there is a very significant implication ( not so easily rebutted) that that person has no actual interest in the property and owns no part.

Where people are married with or without children, it is by no means the case that marital assets are divided equally. Each case on its own merits.

mf
 
Thanks mf1.
You'd really want to know your bedfellows, before getting in to bed with them.
There appear to be a great deal of grey areas surrounding property, ownership, and rights in the case of a relationship disputes.

Nicola
 
Phillip,
Just from this information here I think you'd be well advised to get a good solicitor as it may end up being quite complicated trying to sort this out, and it may well end up (if not certainly) going to court.
It's a very tough situation for you

Nicola
 
Tough call as its the roof over my daughters head at the moment but I am starting to get financially strained as paying rent and bills for bedsit. I had been lucky to stay with friends for two months but did not want to outstretch my welcome etc

The last thing I want to have is arrears starting on the mortgage for credit rating for the future but not looking good at the moment. Sold my car, using a borrowed van from work and watching my personal monthly outgoings etc. She will not move until her name is off the deeds and mortgage, her lumpsum payment and payment for her parents furnishings which they bought as a gift when we moved in. The bills are in my name which she makes no contribution what so ever too and also minds kids in the house getting cash on the side along with welfare every week.
 
Phillip,
Best try stay as calm as you can, in what is a very distressing situation, as you are always going to have to be in contact due to your child.
It's very easy to get bitter, but you need to try and maintain relations. That may be very hard work, but it is a necessity.
Ultimately if some things can be decided through mediation, it is considerably cheaper than a legal route.
Although I really think that you need to speak with a solicitor ASAP to check out legal rights/responsibilities, for both yourself (and herself, as she may be harbouring unrealistic expectations, (I don't know if this would be the legal view of this or not))

Nicola
 
NicolaM said:
Thanks mf1.
You'd really want to know your bedfellows, before getting in to bed with them.
There appear to be a great deal of grey areas surrounding property, ownership, and rights in the case of a relationship disputes.

Nicola
Click to expand...


In opther words...rich bedfellows ...watchout!
 
What bills are you paying, is it ESB, phone etc, you can just take your name of the bills and she will have to pay them, but you really need to talk to a solicitor.
 
Steve D said:
In opther words...rich bedfellows ...watchout!
Click to expand...

They say when you meet them you want to eat them. then when the fallout happens you wish you had of ate them. lol

There are so many men to get caught in this trap. They come with nothing and leave with eveything.
 
John joe said:
They say when you meet them you want to eat them. then when the fallout happens you wish you had of ate them. lol

There are so many men to get caught in this trap. They come with nothing and leave with eveything.
Click to expand...
Have you not heard of contraceptives? Don't have kids but if you do you have to accept the responsibilities which the OP is trying to do. Also this story doesn't just apply to men. There was another thread the other day where the husband had 'disappeared' leaving wife and kids behind. Every story had two sides.
 
Three sides to every story, his, hers and the truth.

Hi Bronte,

I currently pay ESB,Sky,Gas,Home Insurance and life assurance, phone, mortgage and home loans. We had the normal house bills (Gas,phone,ESB) at the start in both our names but she did not pay them a few times, picked up the tab and when I moved out, I paid the arrears to date (nearly months mortgage). I transferred the bills in my name as did not want my credit status affected.
 
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