Advice needed for a friend
My mate has been talking about splitting with his girl friend of 2.5yrs for a while now as he's extremely unhappy but the one thing that's stopping him is the house.
He started buying this house before he met her and he's worried that if they split she'll get half of it!
I know there is some laws about this but surely she's not entitled to the half!
They have a few loans out as a couple and have a joint account for 8 months which the mortgage has been coming out of for the last 8 months, he seems to think that he's screwed.
Any advice would be helpful
He started buying this house before he met her and he's worried that if they split she'll get half of it!
I know there is some laws about this but surely she's not entitled to the half!
They have a few loans out as a couple and have a joint account for 8 months which the mortgage has been coming out of for the last 8 months, he seems to think that he's screwed.
Any advice would be helpful
Last edited by RS_Ant; Jan 31, 2010 at 04:06 PM.
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Never gonna give you up!
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Change the locks, get your own bank account back up and running, change where the mortgage payment comes from etc.
Then hope to fuck she is a dumb bint!
Then hope to fuck she is a dumb bint!
It's actually very helpful reading these in here as they are from people own experiences...
Dick..
I'm with you Ant, although I also agree with Alps... after taking info from here go and see a solicitor.
BUT
Beware - if the solicitor smells the money, you will spend some.
To be honest your mate has played it all wrong.
Until you have kids with them, whats hers is hers and yours is yours until then keep it all seperate and if she lives with you no bills or loans or owt like that in her name, just cash each month for rent/bills/food.
BUT
Beware - if the solicitor smells the money, you will spend some.
To be honest your mate has played it all wrong.
Until you have kids with them, whats hers is hers and yours is yours until then keep it all seperate and if she lives with you no bills or loans or owt like that in her name, just cash each month for rent/bills/food.
without kids in theory it should be a proportionate split based on her paying half for the 8 months and whatever happened before.
if things go fairly through the solicitors then she shouldnt get half unless shes contributed half. remember they can take into account that if you paid mortgage and she paid all other bills then shes still contributing and has a stake so its not simple.
how big is deposit etc?? who paid deposit?? if deposit was all yours then even if shes got a good solicitor shed have a hard time getting any of the deposit even if she gets half of whats left over from sale once hes got deposit back.
and tell him not to be a daft idiot and bend over and give her everything cos he used to love her
too many blokes do that thinking its the easy option. take whats rightfully yours!
You will definitely need a solicitor to look after your interests sadly at muchos expense
if things go fairly through the solicitors then she shouldnt get half unless shes contributed half. remember they can take into account that if you paid mortgage and she paid all other bills then shes still contributing and has a stake so its not simple.
how big is deposit etc?? who paid deposit?? if deposit was all yours then even if shes got a good solicitor shed have a hard time getting any of the deposit even if she gets half of whats left over from sale once hes got deposit back.
and tell him not to be a daft idiot and bend over and give her everything cos he used to love her
too many blokes do that thinking its the easy option. take whats rightfully yours!You will definitely need a solicitor to look after your interests sadly at muchos expense
happened to me mate i bought place to do up i paid for all repairs and i earned 3 times what she did yet she was still entitled to half its shit mate not a lot you can do about it.is she named on mortgage?
Don't ask - I don't know
iTrader: (2)
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From: Avoiding idiots - or trying to....
What Alps said is what I'd say - experiences are helpful but the long and short of it is proper legal advice from a qualified solicitor will enable the bloke to keep his house !
i've been here,similar situation what i did was give her half of the difference in value of the house from when she moved in to she got kicked out. ie you payed 50k and its now worth 55k give her Ł2500 but we did this amicably,no lawyer and i put it in my name only at same time(with lawyer). if she starts being a bitch hes in for a tight time
well as i understand the law, if you were buying the house before she came along she wont get anything from it,this will be changed in the fututr though and then she will automatically get half of everything or a percentage depending on the situation.
If she has put items in your house for which she has paid for then theres a value on it and usually its half of what the item is worth.
You do get the first 30mins free at most solicitors now a days, as i used one just before x-mas in that time you can get a very very good idea of what crap youre about to jump in to.
This might help you: http://www.lawontheweb.co.uk/basics/cohabit.htm
If she has put items in your house for which she has paid for then theres a value on it and usually its half of what the item is worth.
You do get the first 30mins free at most solicitors now a days, as i used one just before x-mas in that time you can get a very very good idea of what crap youre about to jump in to.
This might help you: http://www.lawontheweb.co.uk/basics/cohabit.htm
Last edited by st3v3; Jan 31, 2010 at 06:46 PM.
Why doesnt he just ask you for advice? You come across as a well educated level headed sort of chap.
He can't ask himself.
&&&&&&&&&&&&&&&&&&&&&&&&&&&&
There are loads of different ways the split could go, every situation is different.
Even a solicitor won't give a definite answer.
I've got a friend in a similar situation, he paid for the house cash from another sale, she spent a couple of thousand of her money on fittings for the house.
The house had dropped in value since he bought it.
His solicitor says she should get nothing, her solicitor says she should get everything.
.
&&&&&&&&&&&&&&&&&&&&&&&&&&&&
There are loads of different ways the split could go, every situation is different.
Even a solicitor won't give a definite answer.
I've got a friend in a similar situation, he paid for the house cash from another sale, she spent a couple of thousand of her money on fittings for the house.
The house had dropped in value since he bought it.
His solicitor says she should get nothing, her solicitor says she should get everything.
.
im going through this just now,joint account requires 2 signatures to close,if they are not married its not as messy.loanns,if they are joint they will both be liable and will both have to upkeep payments,if hes got a bit of money maybe best to try and clear them 1st.im buying my wife out but we both were married and owned the house,im doing quite well as im getting everything cheap off her and a good deal on the house,thats guilt for you!best for him to stay friends to get this sorted,thats number 1 priority as fighting wont solve anything,solicitors want to make money and they see this everyday and know what happens.thats the best advice i can give!
He can't ask himself.
&&&&&&&&&&&&&&&&&&&&&&&&&&&&
There are loads of different ways the split could go, every situation is different.
Even a solicitor won't give a definite answer.
I've got a friend in a similar situation, he paid for the house cash from another sale, she spent a couple of thousand of her money on fittings for the house.
The house had dropped in value since he bought it.
His solicitor says she should get nothing, her solicitor says she should get everything.
.
&&&&&&&&&&&&&&&&&&&&&&&&&&&&
There are loads of different ways the split could go, every situation is different.
Even a solicitor won't give a definite answer.
I've got a friend in a similar situation, he paid for the house cash from another sale, she spent a couple of thousand of her money on fittings for the house.
The house had dropped in value since he bought it.
His solicitor says she should get nothing, her solicitor says she should get everything.
.
and
as you say every situation is differnet so what use is it listening to "well my mate did this" on a ford forum when even the legal profesionals have a difference of opinion on the matter and tbh the area is a very grey and complex one that imo the only half sensible option would be to seek legal advice as nobody on here really knows what there talking about enough to give a good insight into which way his friend should go about the matter.
Anyway what do i know i'm just a dick apparently
Judging by the insult you got I assumed it was the O.P that had the problem but using the "friend" option to cover up.
Whatever whoever it is does they need to do it right away, staying together just to avoid the House problem is a daft idea.
Either you want to be with someone or you don't.
I got out over 20 years ago.. 50 . 50 split including the kids.
.
.
.
Whatever whoever it is does they need to do it right away, staying together just to avoid the House problem is a daft idea.
Either you want to be with someone or you don't.
I got out over 20 years ago.. 50 . 50 split including the kids.
.
.
.
If she is on the mortgage and the title deeds then she is entitled to 50% of the property unless you guys had lodged an arrangement with the solicitors to determine ownership amounts first.
I know because I checked this all out when buying our place with my solicitor before I got it last year.
I know because I checked this all out when buying our place with my solicitor before I got it last year.
Ahhh but nothing in UK law that says you cannot seek to protect your property on divorce by having a properly-drafted prenuptial agreement.
Courts may still see them as a binding agreement.
As this case from last year
http://news.bbc.co.uk/1/hi/business/8133631.stm
As this case from last year
http://news.bbc.co.uk/1/hi/business/8133631.stm
Correct... although in house terms I believe its called an expression of trust.
Lad at work got a house with his GF - all in his name but it is genuinely a 50/50 split as she couldn't get a mortgage.
Solicitor advised it wasn't worth the paper it was written on, still charged em to draw it up.
Correct... although in house terms I believe its called an expression of trust.
Lad at work got a house with his GF - all in his name but it is genuinely a 50/50 split as she couldn't get a mortgage.
Solicitor advised it wasn't worth the paper it was written on, still charged em to draw it up.
Lad at work got a house with his GF - all in his name but it is genuinely a 50/50 split as she couldn't get a mortgage.
Solicitor advised it wasn't worth the paper it was written on, still charged em to draw it up.
a pre nup in the uk has NO legal standing in the UK and can't be enforced in any way..FACT!
http://www.weddingguideuk.com/articl...prenuptial.asp
http://www.weddingguideuk.com/articl...prenuptial.asp
Opinions from fellow forum members might be interesting to read but the only person who can give a realistic answer is the solicitor that you (sorry your friend) appoints once he has looked into the circumstances.
If all else fails tell him to shoot her but then he will need to change to a solicitor specialising in criminal law.
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