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Joint Ownership Of A Shared Ownership Flat
Hi..............I have a joint ownership with my ex partner of a 25% share of a Shared Ownership Flat and a joint tenancy for the other 75%
I paid the £30k for the 25% share and all the legal costs and all the bills since the purchase in march 2014 and my ex partner never moved in.
He is refusing to sign over the flat to me and Im wondering if there is anything he could do to try and get the flat from me................. if he dies I get the flat, if I die he gets the flat.......................
I know his wife has asked that question and im wondering what advice she might have been given ....thank you
I paid the £30k for the 25% share and all the legal costs and all the bills since the purchase in march 2014 and my ex partner never moved in.
He is refusing to sign over the flat to me and Im wondering if there is anything he could do to try and get the flat from me................. if he dies I get the flat, if I die he gets the flat.......................
I know his wife has asked that question and im wondering what advice she might have been given ....thank you
Answers
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Property is either owned as joint tenancy or tenants in common.
If you are saying that there is a mortgage for around 75% of the value of the property, with you putting down the whole of the deposit when it was bought, that initself doesn't change that the ownership (interpreting what you say) is held as joint tenants.
Whose paying the mortgage? - you? He is presumably not 'signing the flat' over to you (and presume you mean the mortgage and the LR proprietorship record) as he has a legal (hence also financial) stake in it.
Sounds like he's onto a good thing, if you paid the whole of the deposit.
I don't see how he can get you out if you are willing and able to maintain the mortgage payments - but you need the ownership sorted.
If you are saying that there is a mortgage for around 75% of the value of the property, with you putting down the whole of the deposit when it was bought, that initself doesn't change that the ownership (interpreting what you say) is held as joint tenants.
Whose paying the mortgage? - you? He is presumably not 'signing the flat' over to you (and presume you mean the mortgage and the LR proprietorship record) as he has a legal (hence also financial) stake in it.
Sounds like he's onto a good thing, if you paid the whole of the deposit.
I don't see how he can get you out if you are willing and able to maintain the mortgage payments - but you need the ownership sorted.
No, the £30k paid for the first 25% of the flat which I therefore own, the other 75% is rented under a rental agreement for which I pay £260 p.m. ( that's what shared ownership is !!!) We are joint tenants on the deeds and also we both signed the tenancy agreement.
sorry if that wasn't clear......................
sorry if that wasn't clear......................
The more commonly used phrase is shared equity on these schemes.
Now it is clearer.
You are going to have to ask the Housing Association about this. You presumably want the rental element changed such you are sole tenant. They may not want to do that whilst he continues to be named as on the LR record as a joint tenant with you.
That sounds like a legal discussion to deal with that, since he no doubt won't give up that without some financial consideration.
Messy.
Now it is clearer.
You are going to have to ask the Housing Association about this. You presumably want the rental element changed such you are sole tenant. They may not want to do that whilst he continues to be named as on the LR record as a joint tenant with you.
That sounds like a legal discussion to deal with that, since he no doubt won't give up that without some financial consideration.
Messy.
Hi, yes ive got that far and the transfer documents have been prepared, but he hasnt signed them yet............what i wanted some insight to - if he tried to get the flat from me - how could he achieve this? and what advice would a solicitor have given him and/or his wife about it if they had asked ??
1. You are not (& never were) married to him.
2. He has never lived in the property.
3. He has never contributed financially towards any the costs of the property.
I'm not a lawyer, but if these are the facts I cannot see a judge deciding that he has any right to take the flat from you. It has never been his home & he has contributed nothing to it.
As bm says, this becomes a legal issue. If he refuses to sign the transfer you will need a solicitor & it may end up in Court.
2. He has never lived in the property.
3. He has never contributed financially towards any the costs of the property.
I'm not a lawyer, but if these are the facts I cannot see a judge deciding that he has any right to take the flat from you. It has never been his home & he has contributed nothing to it.
As bm says, this becomes a legal issue. If he refuses to sign the transfer you will need a solicitor & it may end up in Court.
Oh ! sever the jointure !
and convert it ( by action on your part ) to a tenancy in common
and then you can quarrel about the relative merits of who owns what...
there is also this stuff called equity - and since you have contributed all the moolah, equity is basically on your side. I imagine you are paying all the rent as well.
actually happyone I thought your OP read well and was perfectly comprehensible. oop t'north they use all the terms you use.
No he cant dispossess you....but at present he has a finger in 50% of the ownership pie . The resolution appears to be with the lawyers which is unfortunate as if you are part-sharing in the first place, you wont be flush with money.....
oh dear the perils of jt ownership
and convert it ( by action on your part ) to a tenancy in common
and then you can quarrel about the relative merits of who owns what...
there is also this stuff called equity - and since you have contributed all the moolah, equity is basically on your side. I imagine you are paying all the rent as well.
actually happyone I thought your OP read well and was perfectly comprehensible. oop t'north they use all the terms you use.
No he cant dispossess you....but at present he has a finger in 50% of the ownership pie . The resolution appears to be with the lawyers which is unfortunate as if you are part-sharing in the first place, you wont be flush with money.....
oh dear the perils of jt ownership
PP
I don't see how unilaterally severing the joint tenancy helps at this juncture. How would it help the OP to either convert the rental agreement to sole tenant and/or shift the ex off the LR proprietorship register. It would seem to do neither.
The OP asked if she was at risk of having to give up the property. I think we are all concluding that is not a risk, but that removing the ex from the property is not something that can happen without the cooperation of the ex, or Court Action if not.
I don't see how unilaterally severing the joint tenancy helps at this juncture. How would it help the OP to either convert the rental agreement to sole tenant and/or shift the ex off the LR proprietorship register. It would seem to do neither.
The OP asked if she was at risk of having to give up the property. I think we are all concluding that is not a risk, but that removing the ex from the property is not something that can happen without the cooperation of the ex, or Court Action if not.
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