Ex wants to sell house

PVF

Hi Ill give a summary of my situation.I built a house on a site which I received from my dad as a gift with my now ex in 2010.We lived there for approx 2 years and didn't marry.We got a joint mortgage for 250k.She put in approx 50k of her and her parents money.During the construction stages I found out she was having an affair.When I had concrete evidence..excuse the pun...I told her to leave.She left.I have continued to make the full mortgage repayments so as not to effect my credit rating while she bhasnt paid anything towards it.6 years on I'm still living in the house making the repayments.I have tried to buy her out but she refuses my offers thinking the house will sell for more than its worth.We both have gotten estimates and if put on the market it would be up for approx 350k.There is now approx 210k left on the mortgage.
My question is what is she really entitled to if it sells for 350 and the balance of the mortgage is paid back considering I have paid back all of it to date? Any helpful advice is greatly appreciated to solve my headache.

seamus

Get yourself a solicitor. Most of what she can do will hinge on how the deed has been registered. In a court situation her failure to contribute to the mortgage and non-residence will have an impact on what she's "entitled" to from any sale.

Ultimately it's about making a single and final offer to her that's reasonable. She cannot force the sale of the property.

Only a solicitor can give you proper advice that's relevant to your specific situation.

StupidLikeAFox

Having recently met with a solicitor he described two ways that the deed can be registered. Joint tenancy or Tenancy in Common

This should help:
http://www.lawyer.ie/property/tenancies/

PVF

I didn't say that the title deeds are in my sole name sorry..

pilly

They lived there together for 2 years. Also depends if kids are involved?

Irishbrick

pilly wrote: »

They lived there together for 2 years. Also depends if kids are involved?

After re reading original post I saw that, hence the deletion!
You were informed of her affair during the construction phase, yet lived together for two years after completion, is that correct? During this time did she contribute to the mortgage?

PVF

No we were living in the house when I found out

PVF

She didn't give anything towards the mortgage but did pay some utilities.

Irishbrick

Ok, and how did she originally transfer the fifty K to you? Did you sign anything at that time with her?

Estrellita

Sorry I'm no legal buff, but I would have thought if she vacated the property six years ago and made no repayments she was entitled to nothing other than her 50k back.

I can't believe what she has done and now trying to force you to sell. She has some neck. Hope this all ends up favourably for you.

PVF

Thanks very much.
She lodged the 50 into our joint account.I didn't ask for the money from her parents and didn't want it in the first place...easily said now but that's the truth...I didn't sign anything no.

eeguy

Talk to solicitor, but you may be in the clear.

Stheno

PVF wrote: »

I didn't say that the title deeds are in my sole name sorry..

The deeds are in your name alone?

listermint

Go to a good solicitor. It's worth big money for you and is vitally important.

Irishbrick

Bar the fifty K, I can't see how you owe her anything further mind me asking what offer you made her?

FortySeven

Under the cohabitation act any contribution to the household eg utilities, housework, child rearing can be offset against your mortgage payments if she can show any dependency.

You need to be very careful here and get good legal advice.

You say you are sole person on deeds, is she on the mortgage? If so she can force the sale with a property adjustment order on the basis of clearing the debt.

A judge would recommend she takes the buyout but if value is contested a sale can be forced. If she is on the mortgage and deeds you could find yourself paying the 50k plus half any equity. It is.a massively expensive case to bring to court. Make it very clear you will fight tooth and nail, this may force her to take your buyout offer.

This is just my understanding of it from my own research in a similar situation. I can't stress enough how much you need good legal representation.

eeguy

Irishbrick wrote: »

Bar the fifty K, I can't see how you owe her anything further mind me asking what offer you made her?

Do you even legally owe her 50k?

FortySeven

Also. Start pulling your bank statements, receipts for any works you financed. Mark any mortgage payments leaving your account, Mark any household spending for fixture, fittings etc.

Get control of any and all paperwork regarding finance, building works, planning application receipts etc, etc.

Be prepared.

Pat Mustard

Mod:

This is looking for legal advice in relation a property worth €300k with a contribution of 50k having been made.

It is not appropriate to look for legal advice here.

OP, you need to see a solicitor.

Thread closed.