[.NEIL.]

Right got a question my dad is finally leaving his bitch ass girlfriend, They are not married but been togeather for about 10yr, They have just sold and moved into a new house about 9 months ago,

Now my question is can he leave and still claim half the house, he is giving her cash towards the mortgage but not paying it into her account, His name is also on the mortgage as well. She is trying to kick him out the house etc etc,

I have said don't leave that house it is as much his as hers. Problem is she is starting to get nasty now

[Tom]

If his name is on the mortgage- it's his as well as hers.

My partner's going through this **** at the moment too- although she's been separated from him for about a year & a half- his name's still on the mortgage, and can't get him off it for another 2 months, when the bank lets her sign it over into a sole ownership.

They wouldn't let her sign it over into her own name straight away, since she needs to prove to them she is capable of paying the entire mortgage by herself, with no late payments etc for 18 months total (Despite the fact she'd been paying it all by herself since the mortgage started!!)

And the solicitor said- They would rather have 2 people to chase up for the debts, rather than just one. That way they have more chance of recovering their money.

The difference being in her situation though- her ex has never paid a penny towards the mortgage, since he's a lazy **** and done nothing but sit around the house smoking weed.

It came down to the point where I told my partner to stop paying any more of the mortgage as she was paying all of it, yet he was still entitled to half of the property.

Not only that, but because the mortgage was being paid by direct debit from a joint account- when she was puting funds into the account to pay the mortgage- he was taking them out and spending it on beer/ weed!

Anyway- The arrears went to about £4,000 on the house, and he maxed out the overdraft on the joint account to about £2,500, and about 5 months later, the bank was ready to take action on repossessing the property- so we went to the solicitors, and got some kind of legal document drawn up (I forget what it's called now but can find out for you if you wish).

The document basically said that- Katie (My partner) would pay the arrears off in full by herself, AND pay the full mortgage payment each month for the next 18 months- THEN, he would sign the mortgage over to Katie as sole owner of the house.

He was a **** about it at first, but we gave him an ultimatum:

He signs the document, and gets nothing in return.

OR

He doesn't sign the document, the house is repossessed, and both Katie AND him are chased for the debt for years to come- probably forcing them both to go bankrupt. BUT- Me and Katie would move abroad, leaving HIM to take full responsibility of the debt.

So... that's the bitch of a time we've been having this last year. I wanted to burn down the Halifax, and knock **** out of her ex, but that would of left a huge debt- So we played it cool. Soon as he's signed the mortgage over- We're going to **** on him from a height!!

Not sure if that's any use to you.

[phil-h]

A common-law relationship is jjust that... there is no moral or legal obligation from / to either party, and no come-backs either.

Say some bloke called bruce buys a house, 100% in his name. His long time girlfriend, Sheila moves in when they buy the house. if the house is solely in bruce's name she has NO COMEBACK on it regarding any financial gain, puerly because she was his "other half". Even if she paid towards the bills, a common-law couple have no financial ties to each other.

However if your dads name is on the mortgage details, and also on the deeds to the property, then he has a share in the property and a right to live there and have a say in how it is disposed, unless he has signed away his rights either to his girlfriend or another party (ie: sold his half) or unlsee stipulated in the courts by a judge.

best thing to do is find where the deeds are lodged... (this is usually with the mortgage lender) and make either an appointment to see the papers or to aske one of their financial bods to check it and send him a copy. If his name is on the documents he has an entitlement to the property and she might not like it, but it doesn't change the facts.

Sorry if Im blathering on, just been to bens for the day pmsl If you had dragged your sorry ass there instead of watching kites I could have told ya lol!

hth m8

[.NEIL.]

bloody hell you 2 lawers or something lol

[Skidrow]

I WANT IT ALLLLLLLLLLLLLLLLLLLLLL ......lol thank fully whats mine is mine. Reminds me of that eddie Murphy sketch .....I want half Eddie...Im an american woman now Eddiie( onfufu wasnt it- the bush bitch )

[Tom]

	Quote:
	Originally Posted by .NEIL. bloody hell you 2 lawers or something lol

No but we could of studdied law for the amount we spent on legal costs!!

[phil-h]

	Quote:
	Originally Posted by .NEIL. bloody hell you 2 lawers or something lol

haha, I can be anything you want me to be, pmsl!

No m8, not a lawyer, but I've had to do all kinds of research in the apast, and I have some "family difficulties" at the moment and I'm doing a lot of the stuff a lawyer would charge hundreds of pounds for, so it gives me a gerater understanding of the situation I'm in, the odds against me (currently 50-50 but depending one one crucial bit of info), and it gets the job as well