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Legal matters

Joint mortgage but not married - who gets what

3 replies

OuchCharlie · 23/01/2012 11:56

My parents split up several years ago and for the past few years my dad has been in a relationship and been living with his girlfriend in her home. he has been helping her with the mortgage and bills - in addition to paying his own mortgage on our family home (we are all grown up and moved out now!)

he has now sold the family home and they have taken out a new mortgage on a home together. She is renting her property out to friends but as far as I'm aware has no plans to sell.

I am not aware as to whether my dad has paid off his own mortgage with the proceeds from the sale although I suspect not.

Basically what I would like to know is as they are not married what would happen if they were to split up or heaven forbid something were to happen to my dad?

I'm not interested in my dad's money (or lack of) but I don't want him to be left in financial difficulties if they were to split up, or for his GF to get everything if he should die. My sister is away at university and although she doesn't rely on him financially she's the only sibling left not settled down and if my dad weren't around there would be nobody left to help her out if she was ever in trouble.

I'm completely aware that this is none of my business but I worry for my dad and I'm interested in a legal viewpoint.

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Collaborate · 23/01/2012 12:27

The starting off point (and usually the end point) is the deeds to the house. They will say who gets what on sale or separation.

I could spend an hour or so explaining the circumstances in which the court would go beyong what is in the deeds, but am on my lunch hour and have things to so, so google proprietary estoppel, constructive trust, and resulting trust and you'll get the picture. Also google Stack v Dowden - the most recent Supreme Court judgment in this area.

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OuchCharlie · 23/01/2012 14:40

Thank you that's brilliant

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cestlavielife · 23/01/2012 14:47

also whether they registered property as tenants in common setting out who owns what or joint tenants

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