House divide on relationship breakdown. HELP!

[jaymd_123]

My ex-partner and I split up some time ago. I currently reside in the house, she decided to move in with her parents. We own a house together and have a joint mortgage account.

I put in £14,000 deposit, she put in £2,000 deposit. No minute of a agreement was drawn up at time of purchase.

My ex-partner and I have come to a settlement of how the house will be divided at sale (after an extremely unfair dispute took place via solicitors - I am set to loose a lot of money, she will gain a lot of money)

The last 2 months she has not paid her half of the mortgage, nor is she now willing to pay anything else. My lawyer has written up a min of agreement saying I will pay the full mortgage, however she will need to reimburse the money out of her share of equity.

She has now turned this down.

I can not afford to pay her half of the mortgage (this was going to be lent to me by family on the condition she paid it back).

The house cant go on the market until this is agreed and we are now in arrears because of her.

My lawyer has gone on vacation so I wont hear back and I'll really like to hear what options I have.

I am in Scotland, UK

Cheers

 

[Silverplum]

My ex-partner and I split up some time ago. I currently reside in the house, she decided to move in with her parents. We own a house together and have a joint mortgage account.

I put in £14,000 deposit, she put in £2,000 deposit. No minute of a agreement was drawn up at time of purchase.

My ex-partner and I have come to a settlement of how the house will be divided at sale (after an extremely unfair dispute took place via solicitors - I am set to loose a lot of money, she will gain a lot of money)

The last 2 months she has not paid her half of the mortgage, nor is she now willing to pay anything else. My lawyer has written up a min of agreement saying I will pay the full mortgage, however she will need to reimburse the money out of her share of equity.

She has now turned this down.

I can not afford to pay her half of the mortgage (this was going to be lent to me by family on the condition she paid it back).

The house cant go on the market until this is agreed and we are now in arrears because of her.

My lawyer has gone on vacation so I wont hear back and I'll really like to hear what options I have.

I am in Scotland, UK

Cheers

We only do U.S. law here.

 

[jaymd_123]

We only do U.S. law here.

Thanks for letting me know.

 

[latigo]

My ex-partner and I split up some time ago. I currently reside in the house, she decided to move in with her parents. We own a house together and have a joint mortgage account.

I put in £14,000 deposit, she put in £2,000 deposit. No minute of a agreement was drawn up at time of purchase.

My ex-partner and I have come to a settlement of how the house will be divided at sale (after an extremely unfair dispute took place via solicitors - I am set to loose a lot of money, she will gain a lot of money)

The last 2 months she has not paid her half of the mortgage, nor is she now willing to pay anything else. My lawyer has written up a min of agreement saying I will pay the full mortgage, however she will need to reimburse the money out of her share of equity.

She has now turned this down.

I can not afford to pay her half of the mortgage (this was going to be lent to me by family on the condition she paid it back).

The house cant go on the market until this is agreed and we are now in arrears because of her.

My lawyer has gone on vacation so I wont hear back and I'll really like to hear what options I have.

I am in Scotland, UK

Cheers

You've no doubt left the site, but just in case not:

(First there is nothing uniquely UK about your situation. You are talking about contractual negotiations and contract law here and there are much the same as both being derived from English common law.)
____________

SO, why would you "contract" to a split what substantially favors her when your contribution to the down payment or "deposit" was substantially higher? (87.5% and 12.5%)

Moreover, why would your lawyer permit you to do so?

I can understand that with no disproportionate percentage of ownership documented ("no minute of an agreement") at the time of purchase that the presumption is that you two took title to the property in equal undivided interests. But how can giving her a disproportionate share of the proceeds of sale be justified?

Also it doesn't appear that any binding agreement has been reached. But rather it is still in the stage of negotiation. Example: "She has turned down" your lawyers recent proposal, etc., etc.

You obviously aren't happy with things as they are and I don't blame you. My advice is to sit tight until your attorney returns from holiday and have him explain your legal rights. But I sure as hell wouldn't have you agreeing to less that 50/50, plus she to be equally responsible for the mortgage debt and accruing payments.