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Rights to property after separating - not married

(7 Posts)
Traceycondon Tue 12-Jan-16 16:00:37

Me and my ex partner separated 2 years ago after a 15 year relationship. We purchased a house in 2004 (my mom and dad paid the deposit) we went on to have 3 children. My ex pays £50 per week for the children but refuses to contribute towards the mortgage. I want to buy him out so as to secure mine and the children's future. There is £40,000 equity in the property would I need to offer him 50%. If I do go through a solicitor and he refuses the offer what is the likely outcome if I take the matter to court?

Sourpickledqueen Tue 12-Jan-16 18:32:11

You would be best to contact a solicitor, you don't want to be given some duff advice.

Do you have reason to suspect that he might get stubborn if you offer, anything ?

No idea about the legality.

Viviennemary Tue 12-Jan-16 18:52:45

I'm assuming the house is in joint names. And also assuming you didn't protect your parents' money for the deposit by drawing up an agreement they should be paid back. In which case I would imagine the ruling would be he is entitled to 50% of the equity in the house. But it would certainly need to be valued. You need a solicitor.

Niamh3 Tue 12-Jan-16 20:28:20

He would definitely be awkward he is not a reasonable person, my parents passed away last year and so he knows that myself and my siblings have their house to sell. He wants half regardless of whether I can afford to buy anywhere else and with little thought for our children. I know that I will have to pay out but I was hoping to understand what a realistic offer was before I get the ball rolling and pay for solicitors.

babybarrister Fri 15-Jan-16 15:28:22

I assume that the TR1 which you will have filled in when you bought the property states joint tenants? If so, if your parents did not register their interest on the land registry deeds it is very unlikely that the extra you put in will be ring fenced. You also need to understand that 50% of the equity is £20,000 which is very little in terms of legal fees. You may though have an extra string to your bow in as much as you might be able to prevent him accessing his 50% now if you cannot otherwise keep the house in order to house the children - see Schedule 1 of the Children Act. You will have to pay him the % though when the youngest is 18 so you may just want to pay now ....

Viviennemary Fri 15-Jan-16 23:37:29

I think he'd be unlikely to get more than half of the equity in the house. At least you're not married or he could put in a claim for a share of your inheritance too. The fees to see a solicitor would be worth it. At least you would know exactly where you stand.

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