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Mortgage without marriage

(8 Posts)
TeaSippingPterodactyl Tue 23-Aug-11 18:16:11

Hi, I am posting this here and in money matters-hope that's ok.Am hoping someone can help.My friend has been in a relationship though not married,for 15 years.She has a joint mortgage with her partner,and he was always happy for her to work part time and look after the house,garden, dogs etc whilst he paid the mortgage and went out to work.I must stress that they were both happy with this arrangement. Her partner has recently announced that he has met someone else and wants to move on. She has a joint mortgage with her partner,and I was sure this meant that she is entitled to half of the proceeds but he has stated that as he has paid the lion's share, he is legally entitled to a larger percentage than her. Can anyone please help me put her mind at rest?

babybarrister Tue 23-Aug-11 18:33:29

the issue of the mortgage is not the same as the issue of who owns the property. your friend needs to look at the land deeds and see whether there was a trust deed when they bought the property - she also needs to get hold of the TR1 as depending whether the property was bought as tenants in common or as joint tenants affects whether there can be a serious argument as to whether the shares should be other than 50%. she needs to get some proper legal advice - look at the resolution website for specialist family lawyers

TeaSippingPterodactyl Tue 23-Aug-11 18:37:31

Thankyou, I will pass on your advice.

Collaborate Tue 23-Aug-11 20:25:10

The chances are she owns half of it though. Unless there's a trust deed (and if there is she'd be a dunce not to know it) it matters not that he paid the lions share of the mortgage, as this is just how they chose to live their lives. Post separation contributions to the mortgage capital are a different kettle of fish though.

mumofsoontobelawstudent Tue 23-Aug-11 20:54:43

agree with babybarrister and collaborate as always grin

sneezecakesmum Tue 23-Aug-11 21:06:48

Just out of curiosity, is a trust deed something you can have attached to your property without your knowledge or consent. Is it something both parties to the joint mortgage sign up to if one or other has put in more capital.

TeaSippingPterodactyl Tue 23-Aug-11 22:00:28

Thanks all. My friend is going to see a solicitor as soon as she can- i was just trying to ease her worrying but it looks as though it is not always as simple as I thought.

cestlavielife Wed 24-Aug-11 14:32:57

are there children?
if children then she may calim right to remain in propeorty with them and buy hom out later on - but still the starting point is probably 50/50 unless there was something to say otherwise at land registry.

See TOLATA
various solciitors explain it eg
www.rcsolicitors.co.uk/chiltern-family-law/living-together/guides/land.htm

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