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What are his options? House wise

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Rockylex | 16:35 Tue 07th Feb 2006 | Business & Finance
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Hi there,


I have been seeing a guy who is currently living with his girlfriend (yes I know it's bad but thats not what I am asking about) He says the relationship has broken down but is finding it difficult to sort out the postition with his house


His girlfriend and him both have their names on the deeds. He is on the key workers scheme so got 50k towards the property, he also put a further 20k in by himself. She didn't put any cash in. she basically said on the papers she as earning 15k a year to clinch the deal. However her name is still on the deeds. All the mortgage is being paid by him and all monies for this and all bills come out of his account only and are all in his name except for the house itself. There is no joint bank accounts.. She contributes speradically by cash. They are not married nor have any children and have had the property 1 year exactly.


Can anyone tell me what options he has if he wants to keep the property?

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Was her �15K earnings necessary in order to get the mortgage? If so, and if his income hasn't gone up enough for the mortgage lender to be happy with him as sole mortgagee they will not agree to her being taken off the mortgage.


If he can sort this out (maybe by re-mortgaging with another lender? - a mortgage broker may be able to help) he has to get her to agree to have her name taken off the deeds. To do this he is almost certain to have to pay her something - even though it appears she has not put any (or only very little) money into the house. How much he pays her is going to be a matter of negotiation between them.

(seeing a guy who is living with his girlfriend is not bad for you - he's the one living with her) but thats not what this is about.


As they are not married and he can prove he is paying and has paid all of the mortgage from his own earnings, her value would be assessed by the amount of money she put in using some sort of percentages. It would be a court issue though unless he persuaded her to sell too and left with all the money after he paid her some off, then she'd have to make the decision whether to take him to court herself.


But I know two independant people where 1 person lived in the property and had only their name on the deeds, whilst the 2nd person took out the mortgage and paid all of it with a large council discount included from person 1. But person 2 wanted it sold early and won 3/4 of the house value at �40000 even though he only paid �11000 in and his name wasnt on the deeds.


It will be a tricky procedure but he needs free legal advice with a solicitor if he personally wants to sell the property or have her name legally removed by a court.

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