My friend has split with her fella

They have a house together, they went in at the start equal, they both put money into the deposit and both names signed for the house. They half the mortgage every month.

So everything they pay, they pay equally half each.

She has not moved out of the house yet as she has no where to stay as yet.

He came in from work last night and said he had spoke to a solicitor, and that she has no rights etc and he wants her out of the house, hes offered her 24k for her share of the house.

I have told her to seek legal advice


But is there anyone on here that could give me so advice to pass on to her ?

Thanks

 

If her name is on the house, then she will get 50/50, as it can be easily proven from bank records that she is paying half of everything.

However, if when the house is sold and the proceeds split equally, this amounts to Ł24k, then it's the same thing as him giving her Ł24k up front and not selling the house...

 

Sell the house and split the money, or one buy's the other out. My m8 Lee and his now ex girlfriend are going thorugh the same thing. She's bought him out.

As for rights and stuff, until a mutual beneficial situation is resolved, neither party has the right to throw the other out. I may be wrong, but IMO that's the only considerate thing to do.

 

What did she do?

 

Is your mate fit

 

What you mean what did she do ?




Mike - He has said he defo not selling the house, so how does it get calculated correcly how much she is owed ?

 

if the 24k is more than she has put into the house to make it easy take the money ...

if it just a case of pure biterness then she can make him sell the house and split the profit .. BUT it will take a lot of solicitors fee's, visits and time..

best way is for them to sort it out between themselves and that way dont waste any money by giving it to the solicitors...

 

i so nearly put ...



i never thought dave would be like that

 

i would get someone in to value the house

he may of had this done already, and Ł24k may be less than what shes entitled to.

ateotd, she has rights and cannot be thrown out.

me and my ex are going through something similar, but we have agreed to sell the house after we've done it up.

 

It's just everyone has there right's, for her to have none, is odd. It might just be scare tactics though?

ither way, i'd get the house valued, pronto!

 

I think she wants to get out as soon as possible and with little hassle, as shes a bit pissed of and fed up bless her.


I'll tell her to get the house valued, in case he has already done so



Eagle - Nope Dave would NOT do that LOL

 

Go down to the citizens advice bureau, they will be able to give her expert legal advice at no cost.

 

dont ever leave the house. if the house is in both names then she may have a share to that. if the morgage went half from his account and half from hers? or all from his?! cos if on paper all from his, itll look like he paid on his own and might be a sticky point?

tell her not to take the money. what will she do with 24K? the house has to be worth more than that. in experience, if she takes the moeny, he has the house to himself, she'll be homeless with her 24k not being able to buy newhere else, he'll move his fancy bit in if he has one, and he'll be laughing.

get a good solicitor and advice. but tell her not to take the money or move out. as soon as she moves out she'll lose all rights toi the house as she was the one to walk out. she musnt walk.

 

She will have to pay the valuation fee's herself

 

nutjob
good advice ..

 

thanks eagle. it helps having been there to many times before!

 

Will pass all this advice on to her


Have told her to get to CAB and to arrange an elvaluation of the house, dont think shes bothered about paying the fees lol

 

Helen,
Obviously if the house is worth Ł198k and "if" after selling and paying off the mortgage this leaves Ł48k, this would be divided between them and would give Ł24k each. Therefore if she can't buy him out and doesn't want to stay, then this is a reasonable offer.

However, she would need to do the calculations to see if this IS a reasonable offer. She shouldn't go by what they bought the house for (unless it was a few weeks ago), as the house prices have climbed and she would need to establish by how much and then work out how much would be left over after the mortgage was settled.

Obviously the money left over should then be divided between them equally (assuming she paid an equal contribution to the deposit as well).

 

24 GRAND




DEAL OR NO DEAL..............................

 

excellent advice from nutjob..

also, you dont have to pay for valuations if you get an estate agent in on the premise of putting the house on the market most do free valuations

just tell her to say shes considering selling it get 3 local agents who are established in!

 

Take in consideration early payment fee's on the mortgage if any, estate agency fee's, solictor fee's, then any solictor fee's for the divorse.

after that depending on the house's valuation the 24K may be a good offer!

Sapphymike is right I do valuations all the time for splits for FOC as I hope to sell the house if it goes on the market at the end

 

Some good advice there guys.

Definately valuation is first port of call for her.

 

I will link her to this thread then she can come and read LOL

 

Also don't take his valuation from an estate agent get your own sorted as he may have influenced the agent in his favour.. take a realistic view of the valuation as you need to take inconsideration any offers that maybe made on the price. Best thing is to get three vals and take the average price between them.

 

i gota really say yea even afer all the money comes out of the house etc fees and what not, and the offer may sound good. ...but after she has split eveyrthing with the guy and lived in the home for howver long, she has a right to the house and must not be bullied into taking the offer. he will be laughing!He wants her out and sounds like he will do anything to get her out. i hope she has a strong character and doesn't give in. if they did everything equally, why should she be the one to take the offer when he'll have a house left to live in.

as i said as soon as she walks she will lose all rights to he house!

 

Will tell her that


He said to go with HIS solicitor, i said to her last night, get your own solicitor etc etc as will defo not go in her favour.

 

Think she knows if she walks she loses bless her


Think its quite hard for her staying there, which i can understand.

Shes a strong person so i'm sure she will stand her ground on all this, well i hope she does !!!


Like i said they went into the house equally, and should leave the house equally IMO

 

hence why i suggested 3 agents lol.

working for who i work for (and you'll of heard of them paul!), working with ex estate agents is handy for when i needed advice myself

Paul here is your man tho tbh Helen re anything estate agency wise, with him being one lol

 

At the same time don't let pride/greed ruin what maybe a good offer and a chance to get the hell out of a extremely stressful situation. If the money was close to what I'd be expecting then I'll take it and start a new life and get on with things

 

Never realised you were a Estate Agent


I have told her that tbh Paul, then she gets out of this situation and can get on with her life

 

Divorses are probably a third of my buisness

The tricks people use to try and get high/low valuations is madness!

 

hey Paul, do you use any estate agency software?

 

Interseting reading, just one point i'd like to make though having been through this myself.........

I realise that you are speaking for your friend, but its very likely (unless you are their accountant) you will not know all the in's and out's of their finances in the time since they bought this house.

If any payments have been made late etc this can go in the favour of one or the other parties, if any one party has paid more at any time i.e. deposit etc then this can entitle them to a bigger share.

All im saying is, you may not know everything about their situation and thus it makes it very difficult to give exact advice.

the BEST advice i can give is to tell her to get legal advice after having contacted the CAB, they will be able to give her some upfront advice to save her some time when she approaches a solicitor.
As pointed out, using a different solicitor may help the situation, but it can also slow things down, since both parties solicitors will have to keep making communication to each other which not only takes time but inscreases costs.

Good luck, I hope those concerned get the situation resolved quickly and painlessly.

 

I know a LOT about the situation, shes my best friend and we confide in each other a lot


She has read the thread as i sent her the link, she thanks ppl for the replies and advice

 

I need some actually who do you work for? PM me so this thread doesn't go off topic

 

Think you've taken that the wrong way.........

But alot isn't everything is it if you see what I mean........

 

I'm aware of what you mean


But i gave her 101 questions last night PMSL So she was made to tell me the whole lot

 

Out of interest then, what was it that ultimately caused the relationship breakdown???

affair, money,gambling, addiction to passionford etc etc......???

Why can this not be sorted out amicably?

Why is her partner suddenly behaving in this manner (based on what you've said)???

 

you have a pm paul

Helen,

i hope your friend gets it sorted out.

 

Thank you, i hope so too