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Old Jan 31, 2010 | 04:01 PM
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Default 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

Last edited by RS_Ant; Jan 31, 2010 at 04:06 PM.
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Old Jan 31, 2010 | 04:39 PM
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They normally manage to do alright out of it......
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Old Jan 31, 2010 | 04:42 PM
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anyone else think a good cunt punch is needed?

with a joint account id expect him to be screwed tbh
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Old Jan 31, 2010 | 04:44 PM
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He needs to plan carefully and do some shit behind her back to secure his house.

Then fuck the bint off.
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Old Jan 31, 2010 | 04:47 PM
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Originally Posted by Shings
He needs to plan carefully and do some shit behind her back to secure his house.

Then fuck the bint off.

agreed. get it sorted out then BAM with the split
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Old Jan 31, 2010 | 04:48 PM
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deffo !!!

bit of money moving schemeing

then give here the old alan bradley !!!!
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Old Jan 31, 2010 | 04:55 PM
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Its the same as been married she can take half,i know my x did and we was not married
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Old Jan 31, 2010 | 05:03 PM
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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!
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Old Jan 31, 2010 | 05:09 PM
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go and seek legal advice and not ask people on ford site for advice only a good lawyer can give you
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Old Jan 31, 2010 | 05:14 PM
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Originally Posted by Alps Pacino
go and seek legal advice and not ask people on ford site for advice only a good lawyer can give you
Why don't you go and fuck off? If you're not going to help then GTFO and keep your useless opinion to yourself...

It's actually very helpful reading these in here as they are from people own experiences...

Dick..
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Old Jan 31, 2010 | 05:17 PM
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I agree with Mark fella. Your reply was uncalled for, making you look like the "dick "
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Old Jan 31, 2010 | 05:23 PM
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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.
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Old Jan 31, 2010 | 05:23 PM
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Originally Posted by BigErn
I agree with Mark fella. Your reply was uncalled for, making you look like the "dick "
Sometimes hearing peoples 'real world' experience is more helpful then listening to some solicitor..
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Old Jan 31, 2010 | 05:27 PM
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I forgot to add i did have 2 kids with mine,not sure if that does matter
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Old Jan 31, 2010 | 05:53 PM
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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
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Old Jan 31, 2010 | 05:58 PM
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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?
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Old Jan 31, 2010 | 05:59 PM
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Originally Posted by RS_Ant
Why don't you go and fuck off? If you're not going to help then GTFO and keep your useless opinion to yourself...

It's actually very helpful reading these in here as they are from people own experiences...

Dick..
Why's he a dick ?

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 !
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Old Jan 31, 2010 | 06:07 PM
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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
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Old Jan 31, 2010 | 06:18 PM
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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

Last edited by st3v3; Jan 31, 2010 at 06:46 PM.
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Old Jan 31, 2010 | 06:39 PM
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Originally Posted by RS_Ant
Why don't you go and fuck off? If you're not going to help then GTFO and keep your useless opinion to yourself...

It's actually very helpful reading these in here as they are from people own experiences...

Dick..
The fact that nearly everone after this comment has agreed with me and the way you spat your dummy out in an epic way for no reason makes you look like a dick not me.

Why doesnt he just ask you for advice? You come across as a well educated level headed sort of chap.
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Old Jan 31, 2010 | 06:39 PM
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Double post
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Old Jan 31, 2010 | 06:45 PM
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myther here to death for a 3some with her sister and they both gotta do anal,she'll dump him no myther.
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Old Jan 31, 2010 | 06:46 PM
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Originally Posted by Alps Pacino

Why doesn't he just ask you for advice?
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.
.
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Old Jan 31, 2010 | 06:47 PM
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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!
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Old Jan 31, 2010 | 06:54 PM
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Originally Posted by focusv8
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.
.
He's asking for a friend, or so it says in the first post?

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
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Old Jan 31, 2010 | 07:05 PM
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Originally Posted by Alps Pacino
He's asking for a friend, or so it says in the first post?
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.
.
.
.
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Old Jan 31, 2010 | 07:08 PM
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Na i just put the outburst down to him being a kappa clad chav
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Old Jan 31, 2010 | 07:11 PM
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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.
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Old Jan 31, 2010 | 07:20 PM
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do you know that a pre nup is not legally binding in england
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Old Jan 31, 2010 | 07:55 PM
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Originally Posted by Alps Pacino
do you know that a pre nup is not legally binding in england
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
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Old Jan 31, 2010 | 07:58 PM
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Originally Posted by Alps Pacino
do you know that a pre nup is not legally binding in england


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.
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Old Jan 31, 2010 | 09:22 PM
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Originally Posted by Shings
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.
I dont understand? a pre nup can stand and be enforced but isnt actually legaly binding, strange really and like i said above its a very grey and complex area which makes it a nightmare
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Old Jan 31, 2010 | 09:42 PM
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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
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Old Jan 31, 2010 | 09:43 PM
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Originally Posted by Mr S1
Why's he a dick ?

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 !
Most sensible answer yet. Try to get a free 30 minute consultation with a local recommended solicitor first and also speak to the Citizens Advice Bureau who will also be able to advise you/"your friend". When choosing a solicitor make sure it's someone who specialises in this are of law as there are different areas eg commercial, criminal, divorce etc.
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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