Home joint ownership

Discussion in 'Just Talk' started by Ryluer, Oct 31, 2014.

  1. Ryluer

    Ryluer Well-Known Member

    If a NON married couple buy a house together and its 50/50 what happens when they split up?

    Can the person who walks away force the sale off the property to retrieve his/her money?
     
  2. joinerjohn1

    joinerjohn1 Screwfix Select

    Dunno about forcing the sale of the property, but some who have split up have bought the partners share, or paid them half (without selling the property)
     
  3. Phil the Paver

    Phil the Paver Screwfix Select

    You can't force the sale of the property, but if it's was a 50/50 purchase and it went to court, you would almost certainly be awarded 50% of it's current value, it would then be up to who ever living in the property to find that amount, either by remortgage or indeed the sale off, if there are children involved, it would 50% of it value when the youngest child has reached the age of 18 or if in higher education it's 21, you would not be entitled to any money until said time.

    This is what happened to me, I was left with the children, though on the day a judge may give a different outcome.
     
    seen it all before likes this.
  4. FatHands

    FatHands Well-Known Member

    i know of a few people this has happened to and the person walking away has been in the weaker position.
    in the eyes of the law there isnt really a place for boyfriend and girlfriend so the best thing would be to have an agreement ideally drawn up by two solicitors (one acting for each person) so if it goes to court there is something in place although this is not guaranteed.
    as phil has said forcing the sale is a long, process and if children are involved then even more so
     
  5. Ryluer

    Ryluer Well-Known Member

    Cheers thanks.
    I guess its water under the bridge now but I was just curious.

    My Dad walked away from a relationship with a woman. He owned half the house.
    He had a nervous breakdown and was never able to retrieve his half share value of the home.

    Everything was fine until her two very wild sons moved in and would bring their friends in at the weekends partying and drinking.
    Not exactly something a pensioner who just wants some peace and quiet would relish.

    Something tells me he may have signed it over but not sure. Its not something he likes talking about. The woman he dated has a very cheap home.
    Thanks again.
     
    Last edited: Oct 31, 2014
  6. plumberboy

    plumberboy Well-Known Member

    That's very sad,I hope your dad is on the mend now.
     
  7. joinerjohn1

    joinerjohn1 Screwfix Select

    Mate I knew years ago was buying his house on an interest only mortgage and had the requisite plan in place so the capital could be re-payed at the end of the mortgage term. His missus was a bit too, footloose and fancy free and they split up. Because they had children , the courts awarded her the house. Mate cashed in his savings plan (and didn't mention this to his ex wife, who'd taken on the interest payments herself as the house was in joint names) 20 odd years later and she had a bloody big shock when the last interest payment was made and the mortgage company demanded the capital. ;);)
     
    Phil the Paver likes this.
  8. Phil the Paver

    Phil the Paver Screwfix Select

    In my case we were not married, I had made all £116000.00 mortgage payment and was left with the children, the courts still awarded her a 50% share and I had to pay her court costs of £4800.00, still it's only money.

    I got my beautiful chrildren. :):):)
     
    PaulBlackpool and H3xc0d3 like this.
  9. Jitender

    Jitender Well-Known Member

    I know it may not sound nice, but I would try and find out if he were entitled to his share. I know it may just be money, but it's his hard earned cash which brought it.
     
  10. Ryluer

    Ryluer Well-Known Member

    I might ask again Thanks.

    He married an old krone a few years later. He was financially broke. His life savings gone.
    She's a millionaire woman this time with about £750k in the bank and owns several properties she rents out.

    She treats my Dad like a live in Butler. A servant to be ordered about.
    He left her a few times. She has beaten him more than once over the head. I'm pretty sure it was arguments over money that she was demanding from him.
    He's 83 now.
    Either her death or his will be his only escape.
     
    Last edited: Nov 1, 2014
  11. Harry Stottle

    Harry Stottle Active Member

    My sympathies for everyone who has suffered by relationships breaking down, some of the court settlements are quite unfair and they seem much more prevalent since it became fashionable to live together and have children without being married. It may seem to some that it's not worth getting married, but they overlook all the safeguards and advantages in doing so. Marriage isn't a complete answer but it makes life much easier and fairer in the event of dispute.
     
  12. Devil's Advocate

    Devil's Advocate Well-Known Member

    Eh?! She's the one with money, and the arguments are over money she was demanding from him? Blimey.

    Surely she knew he had nothing when she married him?

    Depending on how corpus-mentis your dad is, and whether he still has a some good years remaining in him, (and assuming he is genuinely unhappy and would want out), then he should set in train a process of divorce. Starting with informing the police when she abuses him.

    But - it would have to be his call.
     
  13. Ryluer

    Ryluer Well-Known Member

    He did say he had nothing but I don't think she believed him.

    Yes he did have land and property being a farmer all his life but his sons now have a say in most of that.
    She hired a solicitor shortly after the marriage to pry into his financial affairs.

    To see what could be up for grabs I suppose.

    This is her third marriage and my Dad is the victim unfortuanetly.
     
  14. Devil's Advocate

    Devil's Advocate Well-Known Member

    It's your dad's call - if he is even capable of making a decision.

    His options are to stay put - and appreciate that he has a roof over his head and a partner to keep him 'company', or to call it a day. With the latter option, it sounds as tho' he has some collateral, and in theory could milk her too. Especially if she's been mistreating him.
     
  15. Ryluer

    Ryluer Well-Known Member

    He has a second roof. Where I live.
    I like to think it gives him some armoury to deal with her.

    He came back a couple of years ago for a break.
    At about 4am in the morning the phone rang and it was the hospital. She had faked a heart attack and an ambulance had to be dispatched to take her to hospital.

    I just regret not answering the phone and giving the person on the other end a severe rollicking. Though I guess that person was just under orders from cruella de ville herself.
    My Dad then rushed to the hospital some 60 mile away at 4:00am in the morning risking a real heart attack himself.
     
  16. Devil's Advocate

    Devil's Advocate Well-Known Member

    Bottom line; if your dad is corpus mentis, then it's his decision. His choice.

    There's no accounting for some people - they 'need' the life they live, and would fall apart without it.
     
  17. Ryluer

    Ryluer Well-Known Member

    cruella fell down the stairs and is in hospital with a cracked rib and strained her back. Nothing life threatening.
    My Dad has decided its time to come home. I'm travelling 100 mile today with my van to gather up his belongings whilst she is in hospital.

    The ole krone will probably go beserk now and end up admitted to a psyciatric ward for nutters. Her own 3 children have disowned her because of her despicable behaviour.
     
  18. Coloumb

    Coloumb Well-Known Member

    You can register property in two ways - as both equal partners with a 50/50 split (as in a married couple) or if your worried about nuptials you can register a percentage of the property split each way. If you split up then then you keep the percentage registered in your name should you decide to sell. This would be quite useful for unmarried couples who pay different amounts of the mortgage, say, like a 30/60 percent split. OR even if you were married actually, and you where more practical than loved up.
     
  19. Ryluer

    Ryluer Well-Known Member

    Not sure what that means?

    My dads 12 year marriage to cruella is pretty much over. Just wondering now how much of her £2 million pound fortune he is entitled too.
    She has it all willed to charity to ensure her children and any husbands or partners get nothing.
    I'm pretty sure he will get nothing. He's not a woman after all.
    I always knew in my heart that once his health failed it would be curtains for them.
     
  20. Coloumb

    Coloumb Well-Known Member

    It was more info than specifically about your op. It wasn't meant any other way tbh.
     

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