taylorboosh
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Registered: 3rd Apr 07
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well this involves the gfs dad. he works away and owns a couple houses. he has a 200 grand hous with his recent ex that was put in her name. he has always and still is paying the mortgage which is more than her wage....
what rights has he to the house/to kick her out
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Dan.H
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Registered: 2nd Sep 07
Location: middlesbrough
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Probably nothing if it's in her name
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taylorboosh
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Registered: 3rd Apr 07
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surely he must be entitled to halfs ect? he has proof hes payed all bills and mortgage
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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see a lwayer, dont think there are any people in the legal profession on here, just a lot of people who google things.
can he not talk to her about it or is it past the point of that, i would be inclined to agree that he would be entitled to nothing however, just cancel the mortgage payments and she will have the house reposed any way.
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AndyKent
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Registered: 3rd Sep 05
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I don't know why you'd bother asking on here, see a solicitor and get proper advice.
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dannymccann
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Registered: 9th Aug 06
Location: Doddington, Lincolnshire
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As its in her name legally he would have to fight her for it in the courts, would probably win based on his payments for however long but its a lengthy process. He could just stop paying it, let her fuck herself over with repayments and then get repo'd then buy it back again, mortgage would probably be less then as well
edit - Im no solicitor, do what AndyKent said
[Edited on 08-09-2010 by dannymccann]
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taylorboosh
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Registered: 3rd Apr 07
User status: Offline
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he put 80 grand cash into it also so doesnt want it re-possesed, and nope they are still talking just shes living the life of riley in a detached house getting all bills ect payed, whilst he slaves his guts out living in a caravan. mortgage is for renewal in december so hes going to change the house to his name then, just she drew 1500 out of his account and went on holiday, when shes meant to be saving for a house of her own. just wondering what would happen if worst came to worst.
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Half Pint
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Registered: 25th Mar 02
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unless they are married or have a legal agreement in place i would say he is screwed.
there are some rules around if you live together for a certain period but it is a really messy state of affairs.
i'm guessing this was put in her name to either avoid paying tax or get a loan on another property which is a lesson to learn from!
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
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well first question i would ask is why does she still have access to his account :/ also if its soley his account i.e not got her name on the account i would get her done for theft aswell.
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a_j_mair
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Registered: 23rd Jan 04
Location: Scotland
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sure there are rules for couples co habiting, will depend how long they stayed together etc.
probably only be entitled to half of resale value
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Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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quote: Originally posted by a_j_mair
sure there are rules for couples co habiting, will depend how long they stayed together etc.
probably only be entitled to half of resale value
I think thats more of a Scottish thing, not sure if such a set legal rule exists down here.
Is the mortgage just in her name or everything to do with the house?
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CORSA NUT
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Registered: 3rd Aug 01
Location: Wirral
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End of the day the house is hers no matter what. Nobody can 'make' her sign it away so nobody can do anything with it. It will have to be contested in court in the mean time.
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taylorboosh
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Registered: 3rd Apr 07
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the mortgage and house and bills are in her name but she pays them all from his account which she has the card for. he has bills that go there and the house was put in her name for tax reasons. she cant just fuck him off and give him nothing as she cant even come close to affording the bills, only earns 700 a month. i think hes on about giving her 30k and changing it into his name. i think personally it will get sold and they will end up halfies
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CORSA NUT
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Registered: 3rd Aug 01
Location: Wirral
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Yeah as long as they can come to some arrangement involving him giving her some pocket money then he'll get the house back to him. Depends if she hires a decent solicitor though ?
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John
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Registered: 30th Jun 03
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If he's done it to scam the tax he's probably onto plums.
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taylorboosh
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Registered: 3rd Apr 07
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she cant afford a decent solicitor
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ssj_kakarot
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Registered: 29th Apr 03
Location: hartlepool
User status: Offline
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quote: Originally posted by john-d
she cant afford a decent solicitor
she will be entitled to legal aid if she is such a low earner, were as he will have to foot the legal fee's, probs be better to work out some amicable agreement without involving the courts.
weather of not they are "good" solicitors or not doesnt really matter i would presume it would be a simple case for someone who works contract law.
[Edited on 08-09-2010 by ssj_kakarot]
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Bart
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Registered: 19th Aug 02
Location: Midsomer Norton, Bristol Avon
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how long did he live there?
It would be deemed as common law wife and half the house would be his.
Wont be straight forward or easy, but thats the general idea.
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taylorboosh
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Registered: 3rd Apr 07
User status: Offline
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hes lived there since the house was bought.. im hoping it settles out of court then me and the mrs can rent it from him and i have a garage for a kadett c
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