What should I do next?

LegacyUser

Hi all,

First I'm foreign national, I apologise for my imperfect English. Mod, please move to a suitable forum if needed.

The situation is, I and my ex, we bought the house together back in 2006. House was on my name and his. In 2007 we separated. The house was rented up until 2011. In 2012 I found out that he transferred the house to his name when I was on holiday. I didn't sign any documents as such, later he said he has signed the documents for me. Now he sold the house and he keeps all the money, I've asked him for only 25% back so I can use it as a deposit for my own house but he only agreed to pay me 10%( he knows I don't like to fight over money but he is taking the p**s). On the other hand I don't like to bring him to court over money matter but clearly I have no choice. I had a free consultation with a solicitor, he said I'm entitled to a half of the house and I have 99% chance to win this case but at the moment I don't have much money to pay a solicitor to take on my case, I don't qualify for legal aid. I'm thinking of finding a solicitor who would take on my case with no win no fee policy as they have in the uk but I'm afraid it's not an option in Ireland. Obviously after winning this case I will have a large amount of money so I could afford to pay off the legal fee but until then I don't know what should I do now, any advices would be much appreciated.

Peregrinus

You could go to the police, or suggest to your partner that his behaviour will force you to.

From what you say, your partner has committed forgery and obtaining money by deception, and these are both serious crimes which would normally attract a jail sentence. Faced with that prospect your partner might become a little more realistic about dealing fairly with you.

sffc

If he forged your signature it sounds like a criminal matter. You are obliged to contact the police I would have thought. Your civil prosecution can follow a criminal one surely?

cgh

I would be looking at making a report to the Gardai with this matter.
forging a signature like this should be treated as a very serious offence.
go to your neareast Garda station and make a report straight away.

then you can see where you stand on the whole matter.

Peanut2011

OP, to me this is a bit fishy! In order to transfer the house ownership he would have had to have a solicitor to do so, so for him to change the house ownership from the two of you to just him he would need to get solicitor to do that for him.

In that case the solicitor would need your signature and unfortunately even though he could forge it, solicitor would require you to come to their office and sign in front of them. Furthermore they would have to advise you to seek independent legal advice and you would have had to sign a waiver if you did not want to do that and you were ok with what he was proposing.

Furthermore, as the house I'm presuming was in the joint name under mortgage, he would need the approval from the mortgage company to change the ownership as they own the title until the mortgage is paid off.

The only way this all could have been done would have been if it was agree in the separation agreement if it went to court and so on...

There is something very fishy about what you have stated about the issue and it could be that he is taking advantage and trying to pull a quick one but if any of that was done than you would have a legal case against him and the solicitors he engaged to do the work.

I would suggest you further look in to this case.

Regarding the solicitors, any solicitor out there at the moment would quite likely be willing to deduct their fee from any award you may get if you were to start the case and that is something you need to ask a solicitor you chose to take your case.

Also, if it turns out he did do what you said he did, the case needs to be reported to Gardai!

LegacyUser

Peanut2011 wrote: »

OP, to me this is a bit fishy! In order to transfer the house ownership he would have had to have a solicitor to do so, so for him to change the house ownership from the two of you to just him he would need to get solicitor to do that for him.

In that case the solicitor would need your signature and unfortunately even though he could forge it, solicitor would require you to come to their office and sign in front of them. Furthermore they would have to advise you to seek independent legal advice and you would have had to sign a waiver if you did not want to do that and you were ok with what he was proposing.

Furthermore, as the house I'm presuming was in the joint name under mortgage, he would need the approval from the mortgage company to change the ownership as they own the title until the mortgage is paid off.

The only way this all could have been done would have been if it was agree in the separation agreement if it went to court and so on...

There is something very fishy about what you have stated about the issue and it could be that he is taking advantage and trying to pull a quick one but if any of that was done than you would have a legal case against him and the solicitors he engaged to do the work.

I would suggest you further look in to this case.

Regarding the solicitors, any solicitor out there at the moment would quite likely be willing to deduct their fee from any award you may get if you were to start the case and that is something you need to ask a solicitor you chose to take your case.

Also, if it turns out he did do what you said he did, the case needs to be reported to Gardai!

Thank you everyone for your reply and help.

It's strange that I never thought of report the matter to the police. I've suggested to use Meditation Services but he refused to do so.

I should be more clear about the house. We bought the house without a mortgage. I sold my business and had some cash and he got an inheritance. So I put in 40%, he 60% plus stamp duty and solicitor fee. He bought me a car which is €35,000 back then. I was studying for three years so he had supported me during those three years( paying bills, food, holidays). I took all that in consideration and ask to him to return 1/2 of what I had put in the house but he claims that I got my degree, thanks to him so I can earn decent money now.
He then used the house to get some money out of the bank to buy another property to let( this one he has a mortgage on his name) I didn't know anything about this and I don't know what situation he is in now because he is not honest with me. He bought the other investment property has nothing to do with me, it doesn't benefit me, I just want my money back to buy my own place.
I have asked his family solicitor about how could he transferred the name on the deed without my presence. The man told me he had sent the documents for me to sign with the reasons I was out of the country and I could not be there to sign the papers.

I'm thinking of sharing the house so I could shave some money every month to fight the case, I knows it would take ages with money, time and energy, that's why I asked him for less but looks like I need to report him first which is something I never want to do.


Thanks again to you all.

sffc

As long as you don't report him or at least threaten to you have no bargaining power in this situation - none . Whatever he says you will have to accept it .
You need to talk to an independent solicitor because you may be obliged to report this ie be committing an offence yourself if you do nothing . You can be 100% sure he has legal advice but if he quotes any of it to you don't believe it until your solicitor verifies what he says .
I presume you aren't married so in law you are just two people who shared a house . His financial support of you pre-dated the purchase of the house . It will almost certainly be viewed as a GIFT because you had money later but he never sought any back . Therefore it's not really in the equation . The other issue is the car . It will be up for discussion whether that was a gift or was there was any strings attached .
Leaving the possible forgery and second property aside (big ask!) the old chess-nut of two unmarried people buying a house arises . The price of a property invariably rises or falls over the years and when a sale and divide comes there is a debate (fight). In a rising market the minor shareholder (you) wants the percentage of the new risen value they put in , in a falling market they want back the original amount they invested . You don't say whether this 10% offer is of the original paid price or the deflated (you bought in 2006 ..ouch) price .
These are a few of the issues that arise as far as I can see but you absolutely need to take to a solicitor asap . Best of luck .