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Advice to retain home equity

Boy82

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Thank you in advance to any kind person who can offer guidance and advice. I am trying to prevent my ex-fiancé getting money from the equity in the house and I want her to move out with the kids so I can get the house back, I am currently only paying the mortgage and waiting for CSA to contact me.

Below is an explanation of the situation and the questions I have been asked by my solicitors Dispute Department, I need help answering these questions in the most effective way to ensure she doesn’t get any money from me or at least if I have to give her some money it’s a least amount as possible. Long story as to why I don’t want her to have money.

Me ex-partner of 12 years, unmarried (engaged for 6 years), with whom we have 2 children (6 and 3 years old) is claiming she has a financial interest in our former home where she is residing with our children and her 3 children from a previous relationship.

10 years ago she contributed the full deposit to a home of £18k, we bought her ex out, at the time the home was close to repossession as the mortgage was in arrears. We have no documentation stating any agreement between us. My name was on the deeds and mortgage and she never made financial contributions to mortgage etc.

4 years ago we purchased the current home, only my name is on the deeds and mortgage and she never made financial contributions and now since the split she is claiming she has a financial interest saying she contributed to this homes deposit because of the first house, I contributed a much larger some to this house as I sold a rental property and used this money. Currently there is +£300k equity. I am paying the mortgage of approx. £1200 pr month.

I have a long history of money transfers made to her in the tens of thousands, some of these are referenced ‘house’. She hasn’t worked the whole time we were together, she was with her last partner a similar time. She has a bad credit history.

Below is a copy and paste of what my solicitor has asked:

Confirmation as to why the previous property was not registered in joint names after you offered to acquire it, especially if it was to be treated as the family home; and

Confirmation as to why the current property was not registered in joint names when, for all intent and purposes, this was the family home.


The solicitor then asks: When answering the 2 questions, please elaborate on the discussions you had with your ex just so I have a clear understanding of both parties’ intentions and why the properties were never registered in joint name.

Again, thank you to any one who can help.
 
I think your answer to both is very straightforward - it never happened, you are (& were) sole name on the properties. Be concise in describing your recollection of any discussions you had and the reason(s) why this came to be.

Use your time now to gather as many financial docs that you can that cover the entire period and your payments/agreements and the like. This will involve requests for docs from banks, mortgage companies and others, and will take time to come, get cracking now.

HTH, SS.
 
I think your answer to both is very straightforward - it never happened, you are (& were) sole name on the properties. Be concise in describing your recollection of any discussions you had and the reason(s) why this came to be.

Use your time now to gather as many financial docs that you can that cover the entire period and your payments/agreements and the like. This will involve requests for docs from banks, mortgage companies and others, and will take time to come, get cracking now.

HTH, SS.
Thank you! Yes I am doing all this!
 
I would also get some legal advice about possibly applying for an occupation order so you can live in the house with the kids and she moves out. It might not be straightforward though. You can get a half hour's free legal advice from most solicitors.
 
I would also get some legal advice about possibly applying for an occupation order so you can live in the house with the kids and she moves out. It might not be straightforward though. You can get a half hour's free legal advice from most solicitors.
Hi Thank you for the advice.
 
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