MrMoody Posted May 23, 2015 Share Posted May 23, 2015 (edited) Hello all, Hopefully this is the place to ask for a bit of friendly information before contacting the solicitors. I have been living with my partner (not married) in our mortgaged house for nearly twenty years. Unfortunately we have now very recently seperated. The kids have left home, so that doesnt need to come into play. Here is my question: The mortgage is in joint names but has always come out of my wages and bank account along with every other bill. Including council tax, utilities and everything else. Since i have left the home and now renting privately, i am seeking information regarding the deeds. I have found out that only my ex partners name is listed on them (The deeds). How this has managed to happen i dont know. Whether it is the Building Societies fault or what i really dont know. Does anyone know without just guessing where we stand. Both names on mortgage which i have always paid, unmarried, my name is not on the deeds for some reason. I have applied to the land registry, but they cannot accept my application as we are unmarried. Any help is greatly appreciated in the first instance. I know its going to be a costly and lengthy process but i need to get the house sold, or at least a buy out so we can move forward. Thanks Edited May 31, 2015 by MrMoody Link to comment Share on other sites More sharing options...
geared Posted May 23, 2015 Share Posted May 23, 2015 You sound like you need to sit down, in person with a decent solicitor and get everything straight. Go and see Jeffrey Shaw. Solicitor with Nether Edge Law Contact me on jss@netheredgelaw.co.uk Link to comment Share on other sites More sharing options...
MrMoody Posted May 24, 2015 Author Share Posted May 24, 2015 Yeah i know its gonna come to that but just wondered if anyone had found themselves in a similar situation thats all. Link to comment Share on other sites More sharing options...
SOHO Posted May 24, 2015 Share Posted May 24, 2015 Moody, how come you left the house, I wouldn't have done that, did you really have to? The mortgage is in joint names, you've paid the mortgage and utilities for years, it's been your home throughout so it's all good, no children to worry about now, a fair split shouldn't be an issue. I wouldn't talk to a solicitor, I'd talk to your wife, then an estate agent. Sell the house, both move on. If you can't agree, you'll both lose in legal fess. Link to comment Share on other sites More sharing options...
Tommo68 Posted May 24, 2015 Share Posted May 24, 2015 (edited) Based on the assumption that you Mr Moody are male that being the case and if your partner is female then married or not unless you are talking about 7 figure sums I doubt you have a prayer of ever seeing a penny, you do though have my best wishes...good luck .. you will need it. If you owned the house outright before you ever met the woman, if you let her live in it the chances are she can screw you out of it. Many will deny it and some will even scoff but in reality it happens and is the chance you take when you, a male, co-habits with a woman. . . Edited June 4, 2015 by Tommo68 Link to comment Share on other sites More sharing options...
Waister Posted May 24, 2015 Share Posted May 24, 2015 I'm in a similar situation but I am buying my ex-partners share of our house. As has been said earlier, you need legal advice, and if your ex-partners isnt willing to be fair and split your joint assets, you'll have to go to court to get them. Divorce & seperation is a horrible process if you dont agree with each other. Best of luck mate. Link to comment Share on other sites More sharing options...
biotechpete Posted May 24, 2015 Share Posted May 24, 2015 You almost certainly will have a claim through common intention because your name is on the mortgage. If you buy property as an unmarried couple, then it is advisable to purchase it jointly. Should a cohabiting couple split, if the property in which they lived is only in the name of one of the partners, the other will have no automatic right to any share of it. So if as a cohabiting couple you have been effectively sharing the property but it is placed in only one of your names, the other party could seriously lose out. However, even if you do not have joint ownership of your property, you may be able to demonstrate that you are entitled to a share of it through ‘common intention’, which means there was an agreement between the couple that the property was shared. You could achieve this if you contributed financially to the purchase of the property or helped with mortgage payments, for example. If this is contested by your ex-partner, however, you may have to go to court. Link to comment Share on other sites More sharing options...
mafya Posted May 24, 2015 Share Posted May 24, 2015 Hello all, Hopefully this is the place to ask for a bit of friendly information before contacting the solicitors. I have been living with my partner (not married) in our mortgaged house for nearly twenty years. Unfortunately we have now very recently seperated. The kids have left home, so that doesnt need to come into play. Here is my question: The mortgage is in joint names but has always come out of my wages and bank account along with every other bill. Including council tax, utilities and everything else. Since i have left the home and now renting privately, i am seeking information regarding the deeds. I have found out that only my ex partners name is listed on them. How this has managed to happen i dont know. Whether it is the Building Societies fault or what i really dont know. Does anyone know without just guessing where we stand. Both names on mortgage which i have always paid, unmarried, my name not on the deeds for some reason. I have applied to the land registry, but they cannot accept my application as we are unmarried. Any help is greatly appreciated in the first instance. I know its going to be a costly and lengthy process but i need to get the house sold, or at least a buy out so we can move forward. Thanks My bold= This will make sure you get your share, you need to move back in as legally it is half your house. If the ex doesn't play ball then buy her out or sell up, good luck. Link to comment Share on other sites More sharing options...
Jeffrey Shaw Posted May 25, 2015 Share Posted May 25, 2015 If the property is in joint names, any mortgage can be created only by both registered proprietors. So your post contains contradictory statements: 1. The mortgage is in joint names. 2. only my ex partners name is listed on them...my name not on the deeds for some reason. Link to comment Share on other sites More sharing options...
biotechpete Posted May 27, 2015 Share Posted May 27, 2015 If the property is in joint names, any mortgage can be created only by both registered proprietors. So your post contains contradictory statements: 1. The mortgage is in joint names. 2. only my ex partners name is listed on them...my name not on the deeds for some reason. Is it not possible to have a sole legal ownership with joint beneficial interest? Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now