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Thomas
Thomas, Lawyer
Category: UK Property Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi , My partner and I have lived together for 4 years and

Resolved Question:

Hi ,
My partner and I have lived together for 4 years and recently bought our own house in October after being engaged for nearly 18 months, I have also run his business from home since 2007. About a month ago he decided we should split up and moved to a friends house for some space.
He now wants to move back in, into the spare room which I have no problem with.
When we bought the house we both put a deposit down of £25,000 each and own the house 50:50. Mortgage payments are £825 a month. We both understood that he would be paying more into the joint account than me because he earns almost double. Currently I put in £105 a week and he put in £200. All our bills are also taken from this account. This has worked fine for 6 months and we have both been happy to contribute these amounts. I am planning to sell my half to him in time but want to save some money first to afford a place of my own and he is fully aware of this.
The problem is that he wants me to either; pay exactly half towards the mortgage and bills etc or agree to sell straight away. I have about £1500 on a credit card (car insurance etc) to pay off before I can start thinking of saving which is going to be even harder to pay off if I have to contribute more towards the house. He has said that his solicitors will send me 2 letters with these options and I have no choice but to sign one of them. I would like to know if he is right or not, I feel like he is just trying to bully me. I also found out a couple of months ago that he has been seeing someone else since October when we bought the house and wonder if he just used my money to get on the property ladder as initially he wanted me to leave, if this is the case, can anything be done? Please help!
Thanks
Vanessa
Submitted: 3 years ago.
Category: UK Property Law
Expert:  Thomas replied 3 years ago.

Hi Vanessa,

 

Thanks for your question.

 

It's an exaggeration for him to say that you have "no choice" but to pick one. It would be more accurate to say that there will be consequences if you do not pick either. This will probably be in the form of a suggestion from his solicitors that he will apply to Court for an Order for sale of the property from Court. He would wish to avoid this if possible as he will incur legal fees.

 

The liability under mortgages is joint and several which means that the lender can sue either or both of you if there is any debt, regardless of any understanding you had with your partner about what payments would be made by whom. This means that it is crucial that the repayments are made otherwise your credit record would be affected and you would both find it difficult to raise credit in the future.

 

If you simply state that you will only pay what you have been paying earlier then you would in effect be paying a game of brinkmanship hoping that he flinches first and continues to pay at the rate he currently pays at. This is risky, but if there was an agreement that between you to that he would pay more towards the mortgage repayments then you could go back to them that you consider this to be a legally binding agreement between the two of you and see what they come back with (they will deny undoubtedly) but it will at lease by you some time.


I would attempt to string it out for as long as you can (ie. be slowly cooperative) and keep a very close eye on the mortgage account to see that the repayments are made.

 

Ultimately though, he can apply for an order for sale, but once he has applied it can take a number of months to actually reach the stage where an order for sale is actually made so don't feel that you have to dance to his tune, but make sure the repayments are made (regardless of who pays what.

 

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

 

I will answer your follow up questions you may have.


Kind regards,


Tom

Customer: replied 3 years ago.

Hi Thomas,

 

Thank you so much for the quick reply, just one other thing, if he had 'conned' me into buying the house (i didnt know about the other woman when we bought the house) would that leave me in a better position? After a few weeks of him moving out, he was trying to get me to leave, I suspect so he could bring this other woman back to the house without getting caught. He is still seeing this woman now but I have not told him that I know about it.

Many Thanks

Vanessa

Expert:  Thomas replied 3 years ago.

Vanessa,


Thanks for your reply.

 

It does not make a difference to your position - it was your choice to contract to buy the property or not. Being dishonest (even if you can prove) in these circumstances is not a criminal act and does not make a difference to the options available to you, though I'm sure it's very frustrating (in the least).

 

Trust this clarifies, if so please click accept.


Kind regards,


Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6442
Experience: BA (Hons), PgDip, Practising Solicitor
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