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I bought a house (100% mortgage) with my boyfriend in June

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2006, and we separated in...
I bought a house (100% mortgage) with my boyfriend in June 2006, and we separated in May 2008. He left and stopped paying his 50% share of the mortgage, which left me in a bit of financial difficulty to maintain payments on both the mortgage and house bills (I had to return to an old job and quit my business I had started). At the same point in time, the value of houses declined which meant it was impossible to consider selling and splitting our share and although I havent had my house valued, I suspect it is in negative equity (as of the time he'd left, I think our mortgage was £123k from the £125k original, and our neighbours sold an identical house 6 months ago for £111k).
I have since asked him to let me take over the full mortgage, but we have failed to reach an agreement over what I should pay him. He originally asked for £2-3k, then £500, but discussions have broken down. I feel like I have financially suffered since he left and am loath to pay him money. What are my options?
Submitted: 8 years ago.Category: UK Law
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Answered in 9 hours by:
11/12/2009
Solicitor: DR Lawyer, Lawyer replied 8 years ago
DR Lawyer
DR Lawyer, Lawyer
Category: UK Law
Satisfied Customers: 2,319
Experience: BA (Hons) Pgdl Pgdlp (LPC)
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He will have an equitable interest in the property but at the money there is no equity on what you have said so he is entitled to nothing. In fact if the property is in negative equity if you sold the property and had to pay off the shortfall you would have a claim against him for his half.
It is in his interest to have his name taken off the property and the house transferred to you as (a) it is a potential liability for him and (b) he may have difficulty in getting a mortgage of his own.
You will have to get your mortgage company to agree and go through a solicitor to arrange the transfer.
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Customer reply replied 8 years ago
I have raised the point that it is in his best interests, but it has not made a difference with him. I have two further questions: 1) I wonder if, via a solicitor, I should go down the route of trying to make a claim against him to pay up on part of his share of the mortgage over the past 18 months? 2) My biggest worry is that I am currently spending a lot of time and money on the house to try and increase the value so that I can avoid negative equity when I come to sell it (or if the market improves, actually make a small profit on it). I worry that when the time comes to sell it, he will make a claim for 50% of it, when he has not invested that time or money. Could he have a case for that? I probably plan to sell it in the next 12-18 months.
Customer reply replied 8 years ago
Is it possible to get an answer to my reply before I confirm the deposit for this question please?
Solicitor: DR Lawyer, Lawyer replied 8 years ago

Sorry about the delay - I was away yesterday.

You could bring a claim against him for a share of the mortgage or alternatively deduct what he hasn't paid including costs of renovaction from his share of any proceeds of sale. If you cannot agree as to how the proceeds of sale should be divided you could ultimately bring proceedings against him in the county court under the Trusts of Land and Appointment of Trustees Act and the Court would decide the split.

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