daughter splitting up from partner need good advice or lawyer any help

Discussion in 'Bulletin Board ARCHIVE' started by pramman, Jun 12, 2007.

  1. Che

    Chef Tyke Well-Known Member

    Joined:
    Jul 17, 2005
    Messages:
    20,164
    Likes Received:
    13,465
    Trophy Points:
    113
    Location:
    West Stand Bogs
    Home Page:
    Style:
    Barnsley
    and when he say he has put in 20% what is this based on - does he just pay toward the mortgage every month or has he given her 20% of the deposit that she initially paid?

    Who's name are on the title documents and if it is both of them is it owned as tenants in common or joint tenants?

    Further so, has he added anything to the property by way of improving it?
     
  2. Zuk

    Zukkster New Member

    Joined:
    Jul 19, 2005
    Messages:
    1,528
    Likes Received:
    0
    Trophy Points:
    0
    Home Page:
    If she put him on the deeds a couple of years ago

    It'll all depend on what she did when she put him on the deeds, and there are various options. Only a lawyer who can see the agreement that was signed will be able to tell you. I'm not a lawyer, so anything you read from here on is my understanding based upon what I've been told by people who have had advice, and what I was told when I went joint with my wife.

    She'll have needed to have put him on the deed through a lawyer I would guess. Therefore it very much depends on the agreement she signed at the time. They give you different options and they clearly warn you that if you choose the equal ownership option and you have not put equal amounts in, you are essentially giving the other person part of your assets and legally signing them over. Your daughter may well not have chosen this option though since there are different options on offer. She'll need to find out what she chose to do when she put him on.

    What has happened since signing can be a different matter though, and is what people end up fighting over. If he hasn't put half in since going on the deeds, and the house has gone up in value, it can be argued that he's only entitled to the proportion of the increase that he put in to the mortgage payments. That requires documents to support it though ... and mortage payments from joint accounts can be an issue. I t gets nasty and messy.

    The bit that gets messy is for the 2 years since he was put on the deeds, but the paperwork when he was put on the deeds is generally pretty clear and fairly binding.

    If she agreed to 50/50 two years ago, he'll probably get it, because it's like she gave him the money. It's not right, it's just the law!
     
  3. Andy Mac

    Andy Mac Well-Known Member

    Joined:
    Apr 26, 2006
    Messages:
    12,902
    Likes Received:
    13,435
    Trophy Points:
    113
    Gender:
    Male
    Occupation:
    IT
    Location:
    Sweet Home Bingley.
    Style:
    Barnsley Dark
    LEEDS FAN ! ! ! FFS offer him a penny in the pound. nt
     
  4. Mat

    Matt New Member

    Joined:
    Jul 19, 2005
    Messages:
    351
    Likes Received:
    0
    Trophy Points:
    0
    Home Page:
    From personal experience she's 2 choices

    1) Take 50%
    2) Spend **** loads of cash on solicitors and maybe get an extra 5-10%. It depends on the judge basically.

    Exceptions are if money she's put in as a family inheritance in last year or so or she's got kids.

    Having said that it might be different cause she's a woman.

    Best thing for her to do is see a good solicitor who will tell her it as it stands. One I saw said it would cost an extra £5-10K but chances of increasing beyond 50% was slim and at best I might have got an extra 10% of split. Solicitor basically said if it's a matter of principle go for it but if cash is more important don't bother.
     
  5. Mat

    Matt New Member

    Joined:
    Jul 19, 2005
    Messages:
    351
    Likes Received:
    0
    Trophy Points:
    0
    Home Page:
    Hold on - didn't realise they weren't married. Think that might be different, depends on loads of stuff like whose name stuff's in, how long been living together ets.

    Solicitor I saw was from Foys at Chapeltown gave me loads of free advice then left it up to me.
     
  6. madmark62

    madmark62 Well-Known Member

    Joined:
    Jun 22, 2006
    Messages:
    20,282
    Likes Received:
    190
    Trophy Points:
    63
    Location:
    Floating along lifes waterways
    Style:
    Barnsley (full width)
    RE: LEEDS FAN ! ! ! FFS offer him a penny in the pound. nt

    I will go through and have word in his shell like if you want, still got my baseball bat and barbed wire.It worked on my cousin`s ex-bloke.
    Apparently people dont like being left on the moors tied up with barbed wire and naked . I thought he was joking when he said it hurt!!! (chinny) (chinny) (chinny)
     
  7. Swi

    Swinton Red New Member

    Joined:
    Jul 17, 2005
    Messages:
    1,997
    Likes Received:
    0
    Trophy Points:
    0
    Location:
    Secondo Anello, Curva Nord, San Siro, Milano
    Home Page:
    Reminds me of that scene in Curd Your Enthusiasm,purists will know what i mean nt
     
  8. Swi

    Swinton Red New Member

    Joined:
    Jul 17, 2005
    Messages:
    1,997
    Likes Received:
    0
    Trophy Points:
    0
    Location:
    Secondo Anello, Curva Nord, San Siro, Milano
    Home Page:
    Curb even nt
     
  9. LiverpoolRed

    LiverpoolRed Well-Known Member

    Joined:
    Jul 25, 2005
    Messages:
    15,093
    Likes Received:
    7,426
    Trophy Points:
    113
    Location:
    Liverpool, Liverpool, United Kingdom, 105653082800
    Style:
    Barnsley (full width)
    I know people who know people - £500 and he'll be proping up a flyover on the M62 beofre you know it! :D
     

Share This Page