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Splitting. How much should I be entitled to?

31 replies

MarthasGinYard · 30/06/2021 23:42

Also have posted in legal thank you. Have been with P for 14 years not married.

We have one dc together.

We are both on mortgage and title deeds of house. We are tenants in common I believe, as we changed that so that if anything happened to either of us that half of house would go automatically to DC.

I always worked full time until had DC then went part time as he was high earner. I have stayed PT to accommodate his working pattern which is really unsociable hours.

He's always paid all bills but I've always provided extras holidays bought all clothes, clubs etc for DC as well as most of food.

He won't move, and to be honest I'm happy to go. It's becoming unbearable due to emotional and verbal abuse etc.

House is valued approx 400,000

We owe 100,000 on mortgage

He paid initial 50,000 deposit but this was not ring fenced etc. I furnished the house.

He wants to buy me out, am I right in thinking I would be entitled to half of equity approx 150,000

He's basically saying he'll give me 50 grand and I should be grateful as he's paid the mortgage all these years. I said I'd work out a childcare bill for every hour he was away for weeks on end end whilst I raised out dc over 10 years as my earning power was stripped!!

I will see solicitor, but I'm not too well at moment and wondered if anyone had advice?

Huge thanks

OP posts:
Shallysally · 02/07/2021 00:47

I don’t know how the tenants in common affects anything.

I was advised that legally I was putting myself in a weaker position if I left the marital home. At the time that wasn’t my main concern. But with hindsight yes I did do that, but I’ve still received a fair settlement.

Tinkywinkydinkydoo · 02/07/2021 09:07

No you’re not, you could still legally go back anytime until there is a court order and if he changes the locks and stops you from accessing your own home then that’s illegal. Take photos or even better a dated video of every room in the house so if he claims you damaged anything you can prove you didn’t, and try and take everything you need to save you coming back again to get more stuff, especially all documents, passports, birth certificates, bank statements etc. Start preparing them all now when he’s at work.

Shallysally · 02/07/2021 09:49

Also, when you see your solicitor, they will advise that you instruct them to register your rights to the property, sorry I can’t remember the proper term for it. This basically lodges your interest on the property with the land registry and prevents him selling it from under you.

You really need to speak to a solicitor soon as possible. Hope you are as ok as you can be today.

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MarthasGinYard · 03/07/2021 00:09

Thank you both

OP posts:
marthasGinyard · 31/01/2022 20:00

Force of sale is now going through as I'm owed roughly 90,000 and he's offered 37.

My amazing 86 year old dad had paid 6 months on a cottage 10 mins from her school.

She's currently travelling 1.15 each way.

I have legal aid as you all advised but have now been advised I'll have to pay some back as he's also going for custody 2 separate cases. That is fair enough though.

I just long for my career bk and dd to be ok. All kinds involved cafcass etc. it's all become very complicated.

OP posts:
marthasGinyard · 30/03/2022 22:28

Please help

We are now out of refuge

We have been housed near daughters school

My solicitor has contacted me saying that they've found a letter which supports my claim of 50 percent interest in equity of property but as at the time they acted for both of us it's a 'conflict of information' I've been with them since July

They told me I have 21 days to find another solicitor as I have legal aid tolata etc for both property and residency of daughter.

I've phoned 18 solicitors no one can help I'm in the middle of a serious diagnosis to and I just don't know what to do

Can anyone help?

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