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What are my rights after separation

65 replies

FirstTimeMama21 · 03/06/2025 00:03

My partner and I are separating. We are not married but we have two children together. We both own the house, although I did not contribute to the deposit. I work part time in order to support our children and so I have paid a fairly low amount of money, monthly, to my partner as a contribution to the outgoings.

He has said that he has sought legal advice and that the easiest thing for him to do is to buy me out of the house. The house is worth £500k and he has offered me £50k. He said that if I don't accept, we will have to go to court but I will get less than £50k because he can prove that I haven't contributed towards the mortgage.

Is this true? Has anyone had a similar experience?

OP posts:
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Hankunamatata · 03/06/2025 18:45

House is 500k
How much is left on the mortgage?
How much deposit did he put in?

I would deduct his deposit, dedect what is left on mortgage and split the amount thats left

AirborneElephant · 03/06/2025 18:42

FirstTimeMama21 · 03/06/2025 00:41

I don't know how much is left to pay on the mortgage. If I call the mortgage company to enquire, will my partner be informed? Or if he suspects and asks, will they confirm that I've been in touch?

Presumably you are named on the mortgage if you are joint tenants, the mortgage company would normally insist on it. In which case you should have your own access and information, and no they would have no reason to tell your partner,

AirborneElephant · 03/06/2025 18:38

FirstTimeMama21 · 03/06/2025 00:10

Joint tenants, 50/50

Then it’s very clear, you own half the house and are entitled to half the equity after any mortgage. He can prove you haven’t contributed all he likes, it won’t change a damn thing especially as you have children and presumably earned less because you were looking after them. Get your own legal advice ASAP

AFrankExchangeofViews · 03/06/2025 18:14

You can force a sale if the other party wont agree to it, but hopefully he wont be silly enough to take that to court. The only reason a court would prevent it is for the children, however she is the primary carer so he cant claim that one. In fact, that could go quite badly for him, the court could say the house only get sold once the children finish school, and the primary carer stays in it until then.

BIossomtoes · 03/06/2025 18:05

I would insist the house is sold and the equity is split 50/50.

How would you do that? You might want to but you can’t. Your approach sounds very spiteful. Houses rarely sell for their valuation so she could be cutting her nose off to spite her face.

AFrankExchangeofViews · 03/06/2025 17:45

I wouldn’t be agreeing to anything with this guy he is clearly out to screw you over. Personally I would insist the house is sold and the equity is split 50/50. Makes it very simple no arguments over how much it’s worth. Anything else will be protracted, painful and difficult to manage fairly.

Plus I’d prefer if my kids didn’t think I’d left the family home, better you both find somewhere new. Might not be what he wants, but hey that’s the great thing about splitting up you don’t have to do what he wants anymore.

It will be 50/50 on the equity too. No way he’ll get away with arguing in court he gets more when you sacrificed career and income to do his share of childcare. You made the decision to support him knowing you owned half the house. Would be mad to make a financial decision like part time working with no financial backup in place for yourself.

Are you actually on the mortgage documents? If you are it’s an easy call to the bank to find out how much is still owed. But you won’t know the true equity unless the house is sold.

InterIgnis · 03/06/2025 17:36

You need to familiarize yourself with all the details regarding the ownership, the mortgage, and whether or not he protected his deposit. Then you need to speak to a solicitor.

£50k may or may not be fair, but no one on here is going to be able to give you a definitive answer.

FortyElephants · 03/06/2025 17:22

Mrsttcno1 · 03/06/2025 16:05

That is completely irrelevant because they are not married. All OP is entitled to is her 50% of the equity- no court cares whether she has done childcare.

I was responding to someone else's comment

BIossomtoes · 03/06/2025 16:50

they take into account the future value of the house.

How can they possibly do that? Crystal balls are notoriously unreliable.

TreeDudette · 03/06/2025 16:43

As joint tenants (assuming you are actually joint tenants and this is a legal term so you need to be confident this is right) and without any ringfencing of the deposit in a proper legal agreement then you both own the house 100% regardless of who paid the mortgage. If you sell you can agree a split of the profits but the most sensible split would be 50% of the profit after the mortgage is repaid. You might together agree a different split e.g. if he wants to take on the mortgage and you want to leave you may agree to take £50k as you decide together that that is "fair".

If the mortgage is in both names (as it is for joint tenants) you can ring and get details and no they wouldn't tell him you called. You would also do well to get legal advice. You'd need a copy of any contracts, the mortgage agreement and the details of what remaining balance there is on the mortgage to have a sensible discussion with a lawyer.

NEVER trust your ex partner to give you legal advice, at best they are biased and at worst they are actively trying to sabotage you!

Joint property ownership: Overview - GOV.UK

Joint property ownership

Check if you're a joint tenant or tenants in common. Change from joint tenants to tenants in common, or tenants in common to joint tenants

https://www.gov.uk/joint-property-ownership

BookArt55 · 03/06/2025 16:25

Are you tenants in common- it will specify the percentage split
Or joint tennants- then it doesn't matter what deposit he put down, the equity is split 50/50

I say this knowing I was the one who put the deposit down and now my ex will walk away with 50% of it. Solicitor has told me you can't fight it.

Your name is on the mortgage then they don't care who paid what, as long as it is paid. Again, my ex has been paying the mortgage for the last year as he refuses to leave, but it doesn't seem to matter according to two solicitors I have spoken to.

This is what I have been told. I could be getting bad advice from two different solicitors.

You need to know what mortgage is left. If there is a £400,000 mortgage with £100,000 equity then £50,000 is fairly.

But i would seek legal advice. It is very complicated.

Notsuchafattynow · 03/06/2025 16:22

There's a difference between what's right and what's legal.

Lawyer up my friend!

Mrsttcno1 · 03/06/2025 16:05

FortyElephants · 03/06/2025 15:07

Not if she reduced her earning power to care for their joint children!

That is completely irrelevant because they are not married. All OP is entitled to is her 50% of the equity- no court cares whether she has done childcare.

Tiswa · 03/06/2025 15:10

steff13 · 03/06/2025 00:06

I would tend to agree with this in most cases. But you really need to contact your own attorney.

Disagree if the house is jointly owned the house is jointly owned

that said how much equity is there because that is what you should get 50/50 off

FortyElephants · 03/06/2025 15:09

BDG007 · 03/06/2025 13:42

He has as he's been paying the lions share of all the bills by the sound of it

Household bills are significantly less than childcare for multiple children

FortyElephants · 03/06/2025 15:07

BDG007 · 03/06/2025 00:45

If you've paid in less than £50k when he's probably offering you a pretty good deal.

Not if she reduced her earning power to care for their joint children!

Mrsttcno1 · 03/06/2025 15:05

callkiki · 03/06/2025 14:22

My ex husband owned the house 18 years before I met him. Mortgage was changed multiple times during our 11 year marriage and I was not on the title and never contributed towards payments, upkeep, taxes or anything else. My solicitor registered my married interests against the property when we separated, preventing him from selling or refinancing.

In the divorce I was awarded 60% equity which I used to purchase my own house outright due to the court deciding I needed a higher share as I would have additional costs to purchase my own property and moving costs.

He was ordered out of the house during separation and had to continue paying mortgage, taxes, insurance and all utilities until divorce was final and up to the day I moved out.

Please seek legal advice before agreeing to anything as your solicitor will be able to protect your best interests. We had no children so this was based on length of marriage and housing needs.

This is all irrelevant to OP because they were not married

callkiki · 03/06/2025 14:22

My ex husband owned the house 18 years before I met him. Mortgage was changed multiple times during our 11 year marriage and I was not on the title and never contributed towards payments, upkeep, taxes or anything else. My solicitor registered my married interests against the property when we separated, preventing him from selling or refinancing.

In the divorce I was awarded 60% equity which I used to purchase my own house outright due to the court deciding I needed a higher share as I would have additional costs to purchase my own property and moving costs.

He was ordered out of the house during separation and had to continue paying mortgage, taxes, insurance and all utilities until divorce was final and up to the day I moved out.

Please seek legal advice before agreeing to anything as your solicitor will be able to protect your best interests. We had no children so this was based on length of marriage and housing needs.

RawBloomers · 03/06/2025 14:08

FirstTimeMama21 · 03/06/2025 00:41

I don't know how much is left to pay on the mortgage. If I call the mortgage company to enquire, will my partner be informed? Or if he suspects and asks, will they confirm that I've been in touch?

This post is a bit worrying OP. Why would it matter if he found out you’d checked on the mortgage? Is he threatening you?

As others have said, you need facts (the mortgage details, any agreements you signed about the house, etc.) and legal advice. You must not rely on what he tells you.

AcrossthePond55 · 03/06/2025 13:50

Tenducks · 03/06/2025 13:31

@AcrossthePond55 This person is not married. There will be no divorce settlement.

I'm aware of that. But the issues surrounding a buy out would remain the same.

He is offering to 'buy her share' of the house. You don't offer someone just their equity amount to buy their house, you buy it at an agreed upon price based on market value. There are negotiations to be done before that's decided. But I certainly wouldn't accept what her STBX is offering.

She should be entitled to more than1/2 the equity since he is 'paying her' for the asset. Unless of course there are legal papers regarding any deposit money he may have protected.

At any rate, she needs to speak to a solicitor.

steff13 · 03/06/2025 13:47

CleverButScatty · 03/06/2025 09:54

Not if it's a jointly owned house.

Which is why I clearly said that she should contact an attorney.

TunnocksOrDeath · 03/06/2025 13:45

FirstTimeMama21 · 03/06/2025 00:41

I don't know how much is left to pay on the mortgage. If I call the mortgage company to enquire, will my partner be informed? Or if he suspects and asks, will they confirm that I've been in touch?

It absolutely does not matter whether they tell him or not. You own a share in the house, so that information is not a secret that can be withheld from you. But no, they won't ring him up and tell him, why would they?
With kindness, OP, you sound a bit out of your depth. You need to get a solicitor to advise you and make the relevant requests, from the right people, the right way. Your solicitor will be able to advise what information various other people must hand over, and it would be misconduct for his solicitor or the bank to knowingly provide false information, so they are highly unlikely to do it, and you should be able to get to the bottom of things that way.

BDG007 · 03/06/2025 13:42

Mulledjuice · 03/06/2025 13:32

No - he hasn't had to pay for childcare because OP went part-time to accommodate it.

He has as he's been paying the lions share of all the bills by the sound of it

Mulledjuice · 03/06/2025 13:32

BDG007 · 03/06/2025 00:45

If you've paid in less than £50k when he's probably offering you a pretty good deal.

No - he hasn't had to pay for childcare because OP went part-time to accommodate it.

Tenducks · 03/06/2025 13:31

@AcrossthePond55 This person is not married. There will be no divorce settlement.

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