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Help!

(5 Posts)
Runnerlegs Fri 30-Oct-15 12:26:17

My friend owns his house 50% with his ex. She lives there with their child and has since remarried. My friend wants to sell the house and put in a lot more money to buy the property than his ex.

If he owns 50% can he still claim more back for the original amount he put in?

The ex has maintained the property over the last few years.

Thanks

Collaborate Fri 30-Oct-15 14:00:33

If they hold as tenants in common, yes, possibly. If joint tenants, no.

Maintaining the property doesn't enhance anyone's interest. Only improvements do that.

wowfudge Fri 30-Oct-15 14:04:51

Only if they had an agreement over ownership at the time of purchase - they would need to be tenants in common and have a trust deed to protect their contributions. If he put more in but she's been paying the mortgage and upkeep since they split, wouldn't it be fair to just split the proceeds equally or ask the ex to buy him out of his half?

Runnerlegs Fri 30-Oct-15 16:30:40

Tenants in common. Just not sure if there is room for negotiations or if it's a straight 50% split. Thanks for comments so far.

Collaborate Sat 31-Oct-15 06:20:37

Either there is a trust deed or there is not. If none, it should say in the transfer to them both either "T in C in equal shares" or "T in C in unequal shares". In the alternative it might say what those unequal shares are.

Your friend needs to examine the transfer and any trust deed if he's interested in finding out where he stands.

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