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Can I get my deposit back out of house

  • Doneova
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31 Jan 12 #309537 by Doneova
Topic started by Doneova
My husband purchased house by mortage but I put the deposit down
My name is not on mortage or deeds. We did not live there together because we separated 1 week before due to move in
He now live at the property with his 14 year old son from a previous marriage
I wud like to get my money back from the house
But he says he wont sell as needs a roof over head
How can I go about getting my money ? And is there a chance
They we be allowed to keep house till hus son us 18?
We are both 40 years old .. I earn 20k a year
He earns 12k s year. I av a pension he does not
Can my pension be taken into account?
Thankyou

  • Tets
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31 Jan 12 #309550 by Tets
Reply from Tets
Please answer the following questions - so people can give you an informed answer:


Your respective ages;

The number of children you have and their ages;

How many nights the children spend with each parent;

The length of your marriage and any period of pre marriage cohabitation;

Your respective incomes;

Your respective outgoings;

Your assets (including pensions)- both soley held and joint;

Your liabilities.

  • TBagpuss
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31 Jan 12 #309551 by TBagpuss
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As you are married, the house is a matrimonial asset and you can make a claim against it.

Whether this is the amount you paid, or a different figure will depend on issues sucgh as how long you were married for, whether the housevalue has changed since it was bought, what contributions your husband made etc.


You need to register your matrimonial home rights to the property www.landreg.gov.uk/upload/documents/public_guide_004.pdf to make sure that he cannot sell or remortgage without your knowledge.


Your pension and the difference between your incoems are both potentially relevent, so he MAY have a claim agaisnt your pension, but if this was a very short marriage the usual start point in those circumstances would be that you weach take out what you put in.

Whetehr or not he would be allowed to stay in the hoseu until his son is 18 is another question where the answer is "it depends" but again, the shorter the marriage, and the shorter the time he has been in the house, the less likely this is. Where were he and his son living before? Did he give up a secure tneancy (or council house)?

I would suggest that you talk to a solicitor.

Also do be aware that if the house has only just been bought then if it were sold there would be costs associated with the sake, and would also very likely be early redemption penelties on the mortgage so the amount of euity may well be less than the amount of your deposit

  • Jessie08
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18 Mar 24 - 20 Mar 24 #522736 by Jessie08
Reply from Jessie08
Whether or not you can get your deposit back from a house typically depends on the terms of your rental or purchase agreement. If you've rented, your deposit may be refundable upon meeting certain conditions such as fulfilling the lease term, leaving the property in good condition, and paying any outstanding fees. If you've purchased a house, any deposit made during the buying process may be subject to the terms outlined in your contract, such as contingencies for inspection or financing. It's crucial to review your contract and communicate with the relevant parties, like landlords or real estate agents, to understand the process for retrieving your deposit. For more information on backing out of a house offer, you can visit this link .
Last edit: 20 Mar 24 by Jessie08.

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