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  • warwick_ginger
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28 Mar 11 #260092 by warwick_ginger
Topic started by warwick_ginger
Hello

I split up with my ex 2 years ago (we were not married) and we jointly own a flat, which I moved out of on seperation. The property was rented to a third party for about a year, and the mortgage reduced to interest only so that the rent would cover the repayments.

About 18 months ago I tried to transfer the title to my ex but he was unable to take on the mortgage at the time, failing by £4.5k. He agreed he would try to transfer title again this January following repayment of a loan. He then decided that he would move back into the property in the meantime (may last year). As the rent from the tenant previously living in the flat covered payment of the mortgage, he took over paying the mortgage via our joint account. He has had a lodger living in the property as well during this time.

I have tried to engage in transfering the title to him again. However, he has said he doesnt want to pay me anything in exchange for doing this and that if I did seek some renumeration that I will owe him £150 for each month he has lived there as he has been out of pocket. The questions I have are:

1 - What am I entitled to as joint owner of the flat?

2 - Can he claim monies from me whilst he was living in the property? If so, what for?

3 - As there is a lodger living in the property, am I entitled to half of the associated revenue?

Thanks :)

  • TBagpuss
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28 Mar 11 #260138 by TBagpuss
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1 - you are entitled to 50% of the net equity, unles there is a declaration of trust giving you each a different share.

2 - Probably not. He would need to justify this. If the flat was 'paying for itself' during the priod that you had a tenant it is hard to see how he could have been out of pocket when he moved in, as the morgage is presumably lower thn the market rent for the flat was. (There is no justification for expecting you to pay towards utilitiy bills as you've had no benefit from them)
The only thing he could arguably seek credit for would be if he had incurred costs doing repairs or improvements, but even then, if he did them without your prior agreement it's a shaky argument.

3. Probably, yes. It would be reasonable for him to account to you for one half of any rent (but not for any share of the bills), as you are a joint owner of the property which generated this income. Again, if he has had the benefit of the rent it is even harder to see how he can have been out of pocket.

Obviosuly it's in both your interests to resolve this as amicably as you can, but if he won't discuss it reasonably then ultimately it would be possible for you to force a sale of the flat (useful to know when he starts telling you what you can or can't do!)

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28 Mar 11 #260172 by warwick_ginger
Reply from warwick_ginger
Thanks this is much appreciated.

He hasn't specified what the £150 a month relates to but I suspect that some of the cost might be for the flat service charge and ground rent (although £150 is a lot for both of these). Presumably as he has been living in the flat and therefore enjoying the benefit that these charges relate to, I would not be expected to contribute?

Thanks again

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