View Full Version : Family Law
mereau
Jun 18, 2008, 08:08 AM
I am currently in joint ownership with my ex boyfriend of 16 years. I am single with his child aged 18 years old, and 2 other children from a current relationship. I have been paying for the interest and capital of the property for the last 16 years. My ex boyfriend lived with me for 2 years at the property and we contributed towards the bill and mortgage jointly.
He is now for a second time asking for his name to be removed from the joint ownership of the property and would like me to pay him a lump sum of £15,000 to £72,000, however every time we get to the stage of negiotiating a settlement figure he disappears and chages his telephone number and address.
How can I remove his name from the deed is he does not consent this in writing?
ScottGem
Jun 18, 2008, 08:11 AM
You can't. To transfer ownership, he has to agree.
mereau
Jun 18, 2008, 08:49 AM
I currently am tied into a joint ownership but have been separated from the other partner for 16 years now and is currently paying the mortgage for 16 years and would like to sever this. Can I change this to tenancy in common.
Can I decide on the percentage of tenancy in common that the other person would be entitled to.
N0help4u
Jun 18, 2008, 08:51 AM
You are suppose to do follow ups on your original post.
ScottGem
Jun 18, 2008, 09:08 AM
This is a Real estate issue, not family law. I've moved and merged your posts. Please reply to this thread for follow-up questions.
excon
Jun 18, 2008, 09:24 AM
Hello m:
You should have done something about this 16 years ago. You didn't. But, I'm not here to beat you up.
He was an equal owner of the house then, and he's an equal owner of the house now, because nothing has been done to change it. You've been a wonderful business partner too, who's made all his payments for him for no reason whatsoever. So, if the house has increased in value over the last 16 years, he's entitled to half of that increase too...
However, there's a way out. But, it's going to involve a court procedure - maybe. Depends on how good you are at negotiating...
As I said above, he's entitled to half... But, even though you've paid his payments for him, that doesn't mean that you aren't entitled to get them back, if he's going to get half the value of the house.
So, he owes you the amount you spent for his half of the payments, plus half of what you spent for upkeep on the house. You owe him half the value of the house, less the equity that you BOTH contributed to before he left.
THAT would be a fair settlement. Nope it's not fair to you, but you didn't guard your rights when you could have made a deal for yourself that WAS fair. This is as fair as it's going to get given your inaction.
I would try to negotiate a settlement like that. That way he can get off your note so he can get his own, and you can stop sharing your bounty with him. At attorney can do the change of ownership when you both agree to the terms. If you can't agree, you're going to need an attorney to do the bargaining for you. If you can't reach a settlement, you can sue for the payments he owes you. He'll countersue for the equity and a judge will decide.
But, in my view, the terms I outlined above would the fairest of all given the circumstances. I'd try to make that deal.
excon