On the mortgage but not the deeds

Niallob13

Hello
This is the position I find myself in due to isuppose being love blind!
Young and stupid
How is this even possible?
Basically I'm on the mortgage but not the house deeds
Relationship is over
What can I do
Not married
Have applied for legal aid but hasn't been approved yet
Thoughts (apart from I'm stupid!)
I know... I never realised I wasn't on the deeds and thought we were buying our forever home but it's in the small print on mortgage offer letter

drunkmonkey

She's bought her forever home. Don't see what hold the bank have over you.

Petrol, Bridge, wave and a smile.

Were ye married?

Niallob13

drunkmonkey wrote: »

She's bought her forever home. Don't see what hold the bank have over you.

Petrol, Bridge, wave and a smile.

Were ye married?

Nope
Issue is now I can't get a car loan for 3k never mind another mortgage now
😫😫

worded

How did this happen ?

drunkmonkey

Niallob13 wrote: »

Nope
Issue is now I can't get a car loan for 3k never mind another mortgage now
����

It's a mess alright your going to have to talk to a solicitor, all depends if you want to just walk away, if so she'll have to remove you from the mortgage but the bank might not want that and she might not either.
If you can prove your contributions it would give you a stake in the property.
Can you agree to sell it and get your equal contributions back if it's not in negative equity.
You could get your name on the title but not sure if you want to.

You'll need to come up with a plan between you and go through a solicitor. The quicker the plan the better or it could be hanging over you a long time, for example leaving her in the house until it sells.

Doctors room ghost

A friend of mine was in the same situation.actually worse then you in that he was married with 3 kids.cant remember exact details but he declared bankruptcy after 5 years or so and was able to start over in relation to finance.only advice I can offer is speak to a solicitor and find out exactly what you need to do to better your situation.aswell as that remember it's rough at the moment but things will improve for you and your not the first or the last to go through it.head up and keep going

phormium

Not that uncommon a situation but usually done for specific purposes, for example if a parent was being put on the mortgage to help with affordability but they wouldn't need to be on the deeds (back in the tiger days!). Also often done where the party to the deeds was being gifted a site maybe and putting the property in both names of an unmarried couple would generate a tax cost.

Nothing in your post shows an obvious reason as to why this was done but there must have been some reason, it is not the norm but is done but must have been a reason.

Victor

Talk to a solicitor, not the one who did the original transaction.

Niallob13

Thank you all
I'm hoping to qualify for legal aid

I have no clue why I'm not on the deeds
I believed we were in a committed long term relationship and where buying our home
I didn't know I wasn't on the deeds

She certainly contributed more in terms of deposit etc and is on a higher wage

I asked her to sell but she said no and basically wants me to get lost

I admit she spent more on the house but I still contributed and feel absolutely conned

Stheno

Niallob13 wrote: »

Thank you all
I'm hoping to qualify for legal aid

I have no clue why I'm not on the deeds
I believed we were in a committed long term relationship and where buying our home
I didn't know I wasn't on the deeds

She certainly contributed more in terms of deposit etc and is on a higher wage

I asked her to sell but she said no and basically wants me to get lost

I admit she spent more on the house but I still contributed and feel absolutely conned

How long were you together and when was the house bought?

Niallob13

Stheno wrote: »

How long were you together and when was the house bought?

14 years

House bought in 08

Split last year

Stheno

Niallob13 wrote: »

14 years

House bought in 08

Split last year

Cohabiting redress scheme may help you

Talk to a solicitor about it

http://www.citizensinformation.ie/en/birth_family_relationships/problems_in_marriages_and_other_relationships/redress_scheme_for_cohabiting_couples.html

drunkmonkey

If she wants you gone she might agree to getting you off the mortgage, if she's on a good wage bank might agree to her going it alone on the mortgage.
Question is are you looking for a kick back for contribution for 14yrs, it's not just the mortgage payment, she might have been paying a bigger contribution but you may have been paying in other ways like the electricity, sky, etc that would all count.
If your happy to take it on the chin and walk away just go talk directly to the bank no need to go for a solicitor first. She's the deed holder send her into the bank manager.

Niallob13

drunkmonkey wrote: »

If she wants you gone she might agree to getting you off the mortgage, if she's on a good wage bank might agree to her going it alone on the mortgage.
Question is are you looking for a kick back for contribution for 14yrs, it's not just the mortgage payment, she might have been paying a bigger contribution but you may have been paying in other ways like the electricity, sky, etc that would all count.
If your happy to take it on the chin and walk away just go talk directly to the bank no need to go for a solicitor first. She's the deed holder send her into the bank manager.

Honestly I feel like I shouldn't walk away with nothing
If we were married....

She paid more but I put in everything I had to make it a home

drunkmonkey

Niallob13 wrote: »

Honestly I feel like I shouldn't walk away with nothing
If we were married....

She paid more but I put in everything I had to make it a home

She may pony up then as you've a stake in it. Work out how much you want. Talk to a solicitor to see what option you have when she freaks out when you say it.
Just remember a legal route could swallow up a lot of what you'd like to get if it gets colourful.

Niallob13

drunkmonkey wrote: »

She may pony up then as you've a stake in it. Work out how much you want. Talk to a solicitor to see what option you have when she freaks out when you say it.
Just remember a legal route could swallow up a lot of what you'd like to get if it gets colourful.

It's already colourful 😳

CeilingFly

Bought in 2008?

It's probably barely worth the mortgage outstanding unless the deposit was substantial - and you accept she paid both a larger deposit than you and a bigger part of the mortgage.

I reckon the cost of trying to get anything out of it will be more than what is available.

It may even be in negative equity!

Running Balance

I'd also be going to the original solicitor who handled the purchase and be finding out the reason why you were not on the deeds.

Find who signed what letters in terms of the engagement for him to do the work etc..

I also wouldn't move out of the house. I guess you haven't made any payments to the mortgage since the split

One_Of_Shanks

How much is the house worth and how much is left on the mortgage?

Is the house in negative equity?

Find all this out and then get a solicitor.

One_Of_Shanks

Just to elaborate, coz I had kids screaming at me for toast when posting earlier..... The house was bought in 2008. Not really the best of times for getting value.
So, despite recent boom, it's altogether possible that the house could be in negative equity.

Do you recall how much of a deposit you paid? Or how much the repayments are? Do you have the mortgage account number so that you can ring the bank and ask them how much is currently outstanding on the mortgage.
You need to know exactly whats owed on the mortgage. It's vital.

That's the first thing I would do.
Let's say they tell you there's 250,000 left on the mortgage for the sake of example. And we'll come back to that later.

Now, the next thing I'd do is get an appointment organised with a solicitor. You'll need to do this either way because depending on the outcome of the chat with the bank and a valuer, you may end up wanting to distance yourself from this, rather than pursue it.
A solicitor wont see you immediately, so get on the phone Monday after yer cornflakes and pencil it in.

Now the next thing I would do is get a rough guide on the house value.
This is tricky coz you dont want herself/himself knowing that you're looking into this.
So I would check property price register for any other identical houses sold in recent months.
If there arent any I would ring an estate agent locally and ask them for an opinion.
But be careful that they don't know the person living there.
Explain that its for property tax purposes if ya like.

Now, let's say the bank tell you 250k is owed. And lets say the valuer/auctioneer says the house is worth 270k.
At this point I'd be asking the solicitor how to get your name off the mortgage as you've been denied access to the house and name isn't on deeds.
Factor in time, stress, legal costs, auctioneer etc and its more of a headache than its worth.
On the other hand, if theres 250k owed and house value is 500k then you need the solicitor to fight your corner.
In my experience they won't charge for consultation and will only issue a bill after it's all done so I would opt for a good reputable solicitor and discuss fees at the meeting, it could be well worth it.
Avoid the solicitor that you used when buying the property together. Find your own.
You'll probably be asked have you contributed towards the maintenance and decorating of the property (painting bal bla bla).
Of course you have. And therefore you probably have a case, not that I'm a solicitor, just an uninformed opinion.

But like, if this house is in negative equity then you need to find your path away from this legally, not towards it.

Good luck and you won't need to hear this but never sign up for anything without knowing you're on the deeds.

daithiK1

Suggest getting proper legal advise. In reality on what you documented here, it is highly unlikely that you can be forced to walk away without some sort of settlement.