After a break-up, how do I win back my half of our £370,000 dream cottage?
MY GIRLFRIEND and I bought a cottage as tenants in common in 2015 for £350,000, plus £15,000 for fixtures and fittings. We each paid half.
Later, we drifted apart after my girlfriend met another man. We moved out and the property was put on the market at £400,000. Within two weeks or so, my former girlfriend moved back in, and she is still there.
We have had no firm offers. The estate agent wants to market the property at £370,000, which I am happy to do, but my former girlfriend will not agree. The agent and I think she does not want to sell, as she would not be able to buy a similar property with half of the £370,000.
I need the cash to help my children and for my later life needs — I am 75 and she is 71. R. P., Herefordshire. Your letter should pique the interest of anyone who has bought a property with a friend or partner and does not have a formal agreement over the sale. I’m afraid you are in a bit of a cleft stick.
solicitor ben tyer, of glP solicitors’ lawyers for later life.
org, says that, as the property is in both names, both must agree to any sale.
‘even if an offer of £370,000 was made, while you might agree, your ex-partner would need to also,’ he adds.
‘ordinarily, if an ex-partner wanted to stay in the home, you would ask them to buy your share, but it would appear unlikely that she can raise sufficient capital.’
a last resort is to apply to the court for an order for sale. ‘It has discretion and will consider the purposes the property was purchased for,’ says Mr tyer.
‘as it was purchased as a home for you both, but the relationship has broken down, while there is no guarantee the court will order a sale, your prospects are good, especially as there are no minor children involved.’
from what you have described, an open market sale would bring the price down to a level recommended by estate agents. but Mr tyer warns: ‘this court option will be costly, impacting upon the proceeds you both receive, so it will be much cheaper if the parties agree.’
David hollingworth, of mortgage adviser london & Country, points out that your former girlfriend is disputing the price, not refusing to sell.
‘It may be possible to argue this is preventing the sale, but it’s hard to be definitive about a correct valuation, which is in the eye of the beholder,’ he says.
he suggests gathering evidence around what you think is the right price, supported by agents’ valuations and recent sale prices of closely comparable homes. he says you may eventually have to take legal advice.
hopefully your evidence, correctly presented and perhaps backed by a formal letter, could help you reach a compromise. SCOTTISH Power increased my direct debit to £54 a month based on estimated readings. I calculate I should be paying only £22 per month.
My mother paid £48 per month at the property until she died in May. Since then, Scottish Power has told me I am in debt, but has also issued small refunds.
From May 30 to June 20, my average usage was 70p per day, which, over a year, would be around £255.50. So, rounded up, I use £22 per month. H. C., Merseyside. let’s deal with this in two parts. first, the refunds and payment requests.
you cancelled your direct debit on May 27, so scottish Power moved you to a nondirect debit product. your smart meter showed you were in credit, so you were sent £7.18. you then asked to go back on to a direct debit. by this time, you owed £3, hence the small bill.
now to your direct debit. scottish Power says the amount was based on the property’s historic usage. you have based your estimate on your usage through June, with its longer, warmer daylight hours. surely you would expect to use more power through the winter?
the firm has reduced your direct debit to £22, but if this results in underpayment, it will be increased. I suspect you should be paying between £22 and £54 — it may be closer to £54 in the coming months. Monitor your bills carefully to be sure you do not fall into arrears.
Initially, scottish Power did not seem to take into account the fact you were bereaved — a more personal approach would have helped. It has promised to keep an eye on your account.