Ex-Boyfriend wants share of house

Hi all,

 

I haven't been here for ages so really sorry for coming back asking for help, but I could really use some advice ....

 

My bf of four years and I broke up shortly before Christmas. He had been living with me for just over two years, in a house I owned before we met, but has moved back in with his father. The break up was as amicable as it could be as we both felt the relationship had run its course but things are always awkward in these situations and we haven't spoken in a month.

 

On Monday without warning, I had a letter from my ex's solicitor saying he wants a share of my house. He's saying that because he made contributions towards the mortgage payments, he's entitled to money from me. I've made a solicitor appointment for next week but talking to friends at work, they seem to think he has a case and could even be entitled to half the value of the house. I have no spare cash and couldn't give him any money without selling the house, which would make me homeless. I'm terrified.

 

I can't understand why he's being like this - it's not like I cheated on him or kicked him out, we had a mutual agreement to split up. Should I try to talk to him directly or just go through my solicitor? I wonder if he realises what he's asking and that this could leave me homeless

I don't think it's possible that he has a case. His name was never on the mortgage. You didn't live together long enough for him to be common law. He was basically a renter without a lease.

 

Do not talk to him first. If he is acting this way I would let it be completely handled by professionals.

 

Why do you friends think he has a case? I'm no expert but that seems extremely far fetched.

I'd go through a solicitor, since that's how you were contacted. It's obvious he doesn't want to do this the friendly way.

 

In the U.S. I'm fairly certain the name on the title of the home is the primary consideration in a case like this. Could be different in the UK. The fact that you owned the home before your boyfriend moved in is a point in your favor.

 

I'm sorry he is stirring up these troubles, and I hope you can win the case. In the future, it might be good to draw up a lease agreement so it's clear that there is no joint ownership.

 

Try not to dwell too much on thoughts of homelessness until you understand the reality of what you are facing. Your ex-boyfriend may not have a case at all, and could be bringing a frivolous lawsuit just to torment you. Either way, thank goodness you aren't still with him. Sometimes it's not until a relationship ends that you see someone's true colors.

Wow, I am so sorry that you're going through a period of uncertainty! While it is good that you've already made a solicitor appointment for next week, I don't think it could hurt to reach out to your ex-boyfriend about the situation, and how it has the potential to leave you homeless. While I have no idea about the relevant law(s) here, and how they apply to your situation, I don't think reaching out to him would be a bad idea.

 

I've got a colleague I work with, and the ex fiancé sued her for the engagement ring, and the court has compelled her to pay the value of the ring back to the ex fiancé. After you reach out to the ex-boyfriend, you shouldn't do anything else until you've met with your solicitor and discussed the situation and possible outcomes. Don't panic yet, try and stay calm until you've met with the solicitor.

Thanks everyone. People have told me that although the mortgage was in my name, if he can prove he made any payments that helped me with the mortgage, he may have a claim. He did pay money into my account every month so he could prove I had money from him, but we never formally said it was for the mortgage, just a contribution since I paid all the bills. A friend at work knows someone who did end up having to give an ex a share of their house but that was in England and I'm in Scotland so am clinging to the thought that the law might be different ....

Sorry this is happening. Sounds like a nuisance lawsuit you'll have to dispose of. Good you got a lawyer. Your name is on the deed outright? You were not married or common-law, he has no standing with regard to your assets.

 

He can't live for free so his contributions were in fact rent, not mortgage payments. Just as a tenant doesn't suddenly become part-owner.

 

Do not contact him or talk to him at all. He sounds a bit bitter and vindictive. Go through your attorney only.

I had a letter from my ex's solicitor saying he wants a share of my house. He's saying that because he made contributions towards the mortgage payments, he's entitled to money from me. I've made a solicitor appointment. I can't understand why he's being like this

Okay with a little research it looks like he will try and say that you had an Implied Trust or a Resulting Trust.

 

Here is a link to the info I found:

 

 

Good thing to go see a solicitor, but first make sure you gather all documentation showing the house was in your name. And what form of payments he made - i.e. was he writing checks that stated this was a mortgage payment or was he just giving you money for staying there, which is more a rent situation than it is owner of the house.

 

You aren't married, if his name isn't on the title, and no payments from him or other things in writing state he was paying a mortgage then I'm not sure at all that he has a case. Just paying money to someone to stay in their house is called renting. It's different when you're married of if his name was on the house or if he was specifically in writing paying on that mortgage.

 

Otherwise it's going to be his word against yours - rent or mortgage payment. Otherwise every renter in the world would have a potential case to sue their landlords and say they were "owed" a portion of the house they've stayed in given that many owners do yeah pay their mortgages with the rent they collect. I'm not sure about spouses or couples, but if that's the case then this is the best argument for not living together before marriage I think I've ever seen.

 

Also is there are common law marriage in your area and if so were you together so long you could be considered man and wife legally? That will make a difference too, but even so most places in the U.S. anyways would just be like nope, paying money toward bills is just what you should do if you're living in a house with someone. Beyond that I'm not sure he's entitled to squat.

 

See a solicitor, but be very clear to them and to yourself about whether this guy legally in writing and provable was making mortgage payments towards a house he owned or was legally bound to in some way. Or was he just giving you money monthly as part of living expenses, which can also go to a ton of other things besides rent - food, utilities, house upkeep, furniture etc.

 

I'm sorry he's being so crappy about this. Definitely see a solicitor, but get online and do the research in your own area about what constitutes legal rights to part of a house.

 

NOTE: Even the link given by the poster above about beneficial trust states something has to be in writing. There are other points where in writing doesn't seem to be applied, but I'm not versed in what would decide that. Maybe look up a few cases to see if they were ruled in favor of the homeowner or the former partner and on what basis. There are just too many unknowns in your area, so as much as you can gather all facts then see the solicitor and don't make a case for or against him. A simple, these are the facts, these are the documents, does he have a case should be your starting point. And you take it from there.

 

P.S. Do you have homeowner's insurance? I'd take a look at that too, to see if it covers things like this as well.

Wow! That's nuts. Interested in knowing what the solicitor says. You're not his mom and should have to support a grown man. If he lives there, he should contribute towards the household bills. I wouldn't reach out to him. Some people and their greed... Sheesh! How long did you own the house before he moved in?

Said it before in other threads and caught **** but I'll say it again. Living somewhere, expect to forward half the financial contribution, whether a partner's mortgage or a landlord's rent. If he felt he could get a better deal paying rent somewhere else than paying toward your mortgage, he was free to do so or formally negotiate with you. Hope you succeed and are rid of his entitled ass for good. Given you've got representation, they'll probably provide you better legal advice than any of us could.

What a leech your Ex-BF is!

Thanks everyone. People have told me that although the mortgage was in my name, if he can prove he made any payments that helped me with the mortgage, he may have a claim. He did pay money into my account every month so he could prove I had money from him, but we never formally said it was for the mortgage, just a contribution since I paid all the bills. A friend at work knows someone who did end up having to give an ex a share of their house but that was in England and I'm in Scotland so am clinging to the thought that the law might be different ....

 

Nope, nope, nope! You can say it was contributions for rent! Not for home ownership. Since he is not on the mortgage or the deed, and you weren't common law. Are you in New Jersey?

 

He would need to show he contributed to improvements on this house, or helped you with a down payment. I hope you get a good lawyer, cuz your ex is a clown.

Please don't let yourself get all wound up by talking with all the people who are NOT lawyers and do not have any legal knowledge. Yes, there will always be someone who knows someone where x happened, BUT they have no idea of the details of that particular case and why exactly it was decided the way it was.

 

Glad that you are going to see an attorney and please please please, set up appointments to see several. UK and US laws are a bit similar in that they are case law based, so not all lawyers have equal knowledge. Find yourself a strong aggressive lawyer and let them go to town on your ex. Remember also, that it's not above certain very unprofessional "professionals" to take on and file frivolous claims, demands, lawsuits, etc. They are hoping that you will just get scared and pay up rather than fight. In fact, they are counting on it so they can make quick money and move on. They usually skate just this side of getting disciplined and losing their license. In other words, if pushed aggressively back, they will quickly fold and go away.

Definitely discuss with your attorney that he is a jilted lover filing a frivolous lawsuit to harass you and is trying to extract money from you without merit.

 

What Is a Frivolous Lawsuit?

A frivolous lawsuit is any lawsuit that is filed with the intention of harassing, annoying, or disturbing the opposite party. It may also be defined as any lawsuit in which the plaintiff knows that there is little or no chance of the lawsuit succeeding if pursued in court.

 

Are There Any Consequences for Filing a Frivolous Lawsuit?

Filing a frivolous lawsuit is usually looked down upon by courts. In most cases, filing a frivolous lawsuit will lead to a civil fine of a certain amount of dollars (sometimes in the thousands). It may also lead to a contempt order. If a court identifies a lawsuit as frivolous, they will usually dismiss the filing immediately without looking into the claims more or investigating evidence.

 

Abuse of the legal system is a serious matter and is not treated lightly. Thus, one should only file a lawsuit if they are certain that there claim has merit and is likely to succeed. Also, lawsuit should never be filed for personal reasons or to "get back" at a certain person or corporation.

 

If you believe that someone has filed a frivolous lawsuit against you, you may need to hire a qualified lawyer for advice and representation. Your attorney will be able to identify whether a claim is frivolous, and can guide you on how to respond to such a claim.

 

Yes, so true - people have tried to sue my company a bunch of times for the CRAZIEST things, but always had the case thrown out because they were ridiculous. I love when they have lawyers send letters for about things, but can't enforce anything, cuz we actually haven't done anything wrong.

 

Don't worry - lawyer up.

Wow, what a guy! So if he lived in rented accommodation he would expect to live there scott free too? I'm pretty sure that no-one would expect him to live in your house, use your utilities without contributing a single penny.

 

Don't get in contact with him. Speak to a solicitor and let them handle it.

Nope, nope, nope! You can say it was contributions for rent! Not for home ownership. Since he is not on the mortgage or the deed, and you weren't common law. Are you in New Jersey?

 

He would need to show he contributed to improvements on this house, or helped you with a down payment. I hope you get a good lawyer, cuz your ex is a clown.

 

In the post you quoted, she said she lives in Scotland...sigh.

I know the law in Scotland is slightly different to the rest of the UK, but from what I can gather he would only have a claim if he could demonstrate that he had paid or contributed to the mortgage. He hasn't, from what you were saying, nor would he have been liable if you'd defaulted on the mortgage. That is, unless he is trying to claim that he paid off the mortgage whilst expecting you to take care of all the other household expenses - but this can be easily disproved by the fact that his money didn't go into the mortgage account.

 

You don't have kids, he only lived there for two years and has somewhere else to live. Even if he did apply to the court, he'd probably have a hard time convincing anyone he was entitled to anything. It's not even as if you were married or in a civil partnership!

 

Don't talk to this pathetic tosser unless you absolutely have to - get your legal advice and let the solicitors deal with it.

 

And Good Luck!

I think he is entitled to what he contributed towards the mortgage. I can't see how you think this is unfair?

I think he is entitled to what he contributed towards the mortgage. I can't see how you think this is unfair?

 

He didn't contribute specifically towards the mortgage, since she took care of all the bills, too. He wouldn't be expecting to get his rent back from a landlord when he quit a tenancy, would he?

I guess I need the OP here to see if in fact, their agreement was to pay half each towards the morgage. She does not quite say in her post.

 

If he did agree to a rent based payment fine, but if she tricked him into mortgage payments, that's a different story.......

I think he is entitled to what he contributed towards the mortgage. I can't see how you think this is unfair?

If he signed an agreement retroactively paying half of the down payment, that he would be responsible for maintenance and property taxes, and that he should assume equal liability should the mortgage not be fulfilled, sure. There's plenty more to home ownership than paying half a mortgage payment. But if paying toward someone else's property payment entitled you to ownership, the entire rental industry would be under fire. If the guy felt he was getting shafted paying toward her mortgage, assuming he even was, then he should have pursued other housing. Obviously my opinion is irrelevant to whatever Scotland's law may dictate, but speaking personally, I hope the OP succeeds and the guy gets nothing.

I think he is entitled to what he contributed towards the mortgage. I can't see how you think this is unfair?

 

Why? He lived there when he was helping with the mortgage. So if I'm renting a place somewhere and I move out I should get the rent back for the time I was there?

I guess I need the OP here to see if in fact, their agreement was to pay half each towards the morgage. She does not quite say in her post.

 

If he did agree to a rent based payment fine, but if she tricked him into mortgage payments, that's a different story.......

 

LOL! How do you "trick" someone to paying part of the mortgage?

LOL! How do you "trick" someone to paying part of the mortgage?

 

Well we shall see what happens shan't we!