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Original poster

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:
BDG007 · 03/06/2025 00:35

Were you contributing equally to the bills etc before kids? Or was he always paying for the lions share of everything?

AcrossthePond55 · 03/06/2025 00:31

FirstTimeMama21 · 03/06/2025 00:21

I'm not sure. I think he paid quite a large deposit as he had lots of equity in his previous property. I will try to find out.

How does that affect things?

Did he 'ring fence' or otherwise legally protect the amount of his deposit? If so, any amount you are entitled to would be reduced by that amount.

You really need to consult with a solicitor. The 'usual protections' of a marriage will not apply to you. In your situation it's more like business partners dissolving a partnership.

he can prove that I haven't contributed towards the mortgage

I don't think that matters if you're joint owners. It's not like you were living in a house solely owned by him and didn't contribute.

But see, this is where it gets sticky and you need to speak to a solicitor. In a marriage it wouldn't matter, which is why married SAHPs are entitled to their fair share of the house. In a jointly owned home with unmarried partners it shouldn't matter either. The joint ownership itself constitutes a legal agreement. But it could be that he could try to 'claim back' any expenses he's paid for on the house such as improvements or whatnot. I don't know if the mortgage is a 'whatnot'.

Bottom line, do NOT take his word, or his solicitor's word, for anything. Seek your own legal advice. Especially because he's offering a 'buy out'. In that situation it's not usually half the equity (amount after a sale less outstanding mortgage), they take into account the future value of the house. He's asking to 'buy you out' of a valuable asset and you should be recompensed for 1/2 of the loss of the total value of that asset.

Talipesmum · 03/06/2025 00:30

https://www.moneysavingexpert.com/mortgages/joint-tenants-tenants-in-common/

this and other websites seem to say that if you are joint tenants, you have a right to 50% of the value regardless of who put what deposit in.
Can’t offer legal advice and don’t have personal experience but the rules seem pretty clear here?

The amount you would get if the house was sold depends on how much equity there is in the house - how much of the mortgage is paid off already. If there’s still 400k mortgage to pay off on a 500k house, there would only be a value of 100k total if it was sold, and you’d get your 50% proportion. How much of the equity in the house is the 50k he’s suggesting?

Original poster
FirstTimeMama21 · 03/06/2025 00:28

I thought so too. I've been trying to search online- from what I've read he may be entitled to a larger share. I actually agree that a 50/50 split probably is unfair but a friend has said she thinks even if this is the case, I would be entitled to more than the 50k offered.

OP posts:
BaronessEllarawrosaurus · 03/06/2025 00:26

FirstTimeMama21 · 03/06/2025 00:21

I'm not sure. I think he paid quite a large deposit as he had lots of equity in his previous property. I will try to find out.

How does that affect things?

The mortgage affects things because if there is a mortgage of £400k then £50k would be your share. You need these figures to get legal advice.

LimitedBrightSpots · 03/06/2025 00:22

If you own the house as joint tenants, isn't there a legal assumption that you have equal shares? Definitely consult a solicitor for advice of your own.

Original poster
FirstTimeMama21 · 03/06/2025 00:21

I'm not sure. I think he paid quite a large deposit as he had lots of equity in his previous property. I will try to find out.

How does that affect things?

OP posts:
BaronessEllarawrosaurus · 03/06/2025 00:12

How much is the mortgage on the house?

Original poster
FirstTimeMama21 · 03/06/2025 00:10

Joint tenants, 50/50

OP posts:
Original poster
FirstTimeMama21 · 03/06/2025 00:10

Joint tenants

OP posts:
Amba1998 · 03/06/2025 00:06

How do you own the house?

joint tenants?

tenants in common with specified shares?

steff13 · 03/06/2025 00:06

Stripeyanddotty · 03/06/2025 00:06

If you aren’t married you’re screwed.

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

Stripeyanddotty · 03/06/2025 00:06

If you aren’t married you’re screwed.

Talipesmum · 03/06/2025 00:04

How is the ownership of the house legally defined? What’s the split? Or is it just joint?

steff13 · 03/06/2025 00:04

I don't know whether he's correct. But I would not agree to anything without consulting an attorney of my own first.

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