I purchased my property in 2004/2005 with my ex partner. We remortgaged in 2007/2008, to pay off furniture loans and her massive hidden store and credit card debts. We subsequently split in 2009, she kept the car and all ties were cut and we haven't seen each other since. When we parted she wrote and signed a handwritten note, stating that she had no interest in the property. This was not drawn up by anyone in the legal profession.
I struggled to maintain my outgoings over the next few years, suffered a bereavement and fell behind on my mortgage repayments, to the point of almost losing my property. At the time, I was unable to remove her name from the mortgage because I could not keep up with the terms agreed by the mortgage provider to clear the shortfall of mortgage payments. It took me a few years to get straight, but during this time I naively entered a building contract, which left me in a negative financial position and my only favourable option (if you can call it that!) was to enter into an IVA. I am now in my fourth year.
My concern is, if on completion of my IVA, my ex rears her head and attempts to seek some kind of financial gain (some 11 years later), where do I stand legally? Is she entitled, even though she has made no contribution to the upkeep or maintenance. What would my position be if I were to remortgage in my sole name or if I were to sell my property?
Any advice would be greatly appreciated. Thank you.
I am afraid that advice on the division of marital property is beyond the remit of this forum, but, at least on paper, she is on the title deeds as, presumably a joint tenant and, as such, enjoys joint ownership. The actual division would need to be agreed between you or by the courts, if it hasn't already been dealt with as part of any divorce proceedings.
You need to have a chat with a solicitor.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
Foggy wrote:I am afraid that advice on the division of marital property is beyond the remit of this forum, but, at least on paper, she is on the title deeds as, presumably a joint tenant and, as such, enjoys joint ownership. The actual division would need to be agreed between you or by the courts, if it hasn't already been dealt with as part of any divorce proceedings.
You need to have a chat with a solicitor.
Hi Foggy
Thank you for your response but we were never married. She was a girlfriend for aprox 6 years. i just wondered if anyone had any experience with similar scenario.
Foggy wrote:I am afraid that advice on the division of mal property is beyond the remit of this forum, but, at least on paper, she is on the title deeds as, presumably a joint tenant and, as such, enjoys joint ownership. The actual division would need to be agreed between you or by the courts, if it hasn't already been dealt with as part of any divorce proceedings.
You need to have a chat with a solicitor.
Hi Foggy
Thank you for your response but we were never married. She was a girlfriend for aprox 6 years. i just wondered if anyone had any experience with similar scenario.
Although you were never married she is still, presumably, on the title deeds as a joint owner and the division of any equity would still have to be decided between yourselves, possibly by going to court. You cannot simply "remove" her from the deeds without her consent (which might cost you). Although you have a written agreement she would still have to execute a legal transfer from joint to sole ownership. Many solicitors will give you a free half hour appraisal --- Citizen's Advice will know which ones.
My opinions are merely that .. opinions based on experience. Always seek professional advice.
IVA Completed 23rd July 2013 .... C.C. 10th January 2014
