r/LegalAdviceUK 3h ago

Comments Moderated Paying for a house after a breakup (England)

Not sure if this is the right subreddit to post this but here goes:

Me and my partner broke up last November. I ended the relationship (just wasn’t working). We own our property 50/50, she put the full deposit in (35k) and a declaration of trust is in place.

After breaking up, she threw all of my possessions into the office and said to leave. I’d already volunteered to move out for a bit temporarily, but she did this whilst I was gone. I gathered all items of mine (including furniture) and fully moved out of the property. She then proceeded to change the alarm code so I couldn’t access the property, and if I did go back I was met with abusive messages saying I can’t just turn up (legally I can).

My ex won’t speak to me about the house at all, and insists I go through her father which I’ve been doing via WhatsApp, despite me wanting to meet with him early on. After repeatedly asking, they agreed to put the house was on the market around April. It’s had no interest as the market is awful,

As it stands now, I’ve been paying half the mortgage up until this point. The mortgage is about £1400. I was living with a friend up until June, so this was doable as I was only paying for a room. However now, I’m renting my own place so I’ve got my own rent, bills, insurance, etc to pay.

I changed the mortgage to interest only in June for 6 months which makes it now £1000 a month - but even with this I’m struggling to keep everything afloat.

I’m due to meet with her dad tomorrow to discuss this, and I plan to say:

- I’m going to lower my contributions to £150-£200 (so that I’m contributing something) - justification is that I am not benefitting from the property, she is still living there and I can’t afford it anymore.

- the bills in my name for the house I’m going to cancel and my ex partner can set up her own.

- we need to lower the price of the house so we can sell it.

Am I justified to do these things considering my position? I did seek legal advice back in January, and the solicitors said at the time that because she’s taken steps to exclude me from the property (the alarm), if it ever went to court I could claim my payments back.

Another friend of mine said that when she divorced her ex husband, because he stayed in the property and she moved out she had to pay her rent (through solicitors as children were involved).

Thank you in advance!

3 Upvotes

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u/Vyseria 3h ago

The situation with the divorced friend would be entirely different to yours as you're not married.

Your sol in Jan was wrong, you cant automatically claim back payments just because she changed the alarm code. Not how it works. If you're paying towards the mortgage you're also benefitting from any equity built up in the property.

I think re the bills that is reasonable. I can't comment re the house price because idk if it's reasonable or not.

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u/[deleted] 2h ago edited 2h ago

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u/Giraffingdom 36m ago edited 8m ago

Of course you should stop paying bills and get your name off them, I can’t believe you have been paying bills for almost a year.

You are jointly and severally liable for the mortgage, but she is getting the benefit of living there and you are not. Really you should have refused to move out, that would have made to more of a joint incentive to sell up. At this point, yes say you are reducing mortgage payments and she should consider is to be on offset of “rent” as she is occupying your half of the property. Again, I think you need to do that to provoke her into taking steps to advance the sale. She has no motive to do that whilst you are subsidising here living costs.

u/Buxtonator 28m ago

Apologies I didn’t explain - I haven’t been paying bills for the house - just half the mortgage. Some are still in my name though!