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Advice needed regarding separation

2 replies

megachocs7 · 19/09/2025 18:15

I am splitting with my partner. Never married. We have a mortgage on our house which once sold is split 50/50 as per mortgage agreement.

My ex has said that once the house is sold we need to sit down and work out how much I owe him for the mortgage he has paid and also any improvements he has paid for. Obviously it will be thousands.

I have done all the childcare/life admin/houseworK PLUS worked a full time job. I had my own bills to pay and earn half what he has. So if he can do this I will end up with nothing.

can he do this? Could he take me to court if I don’t pay?

he already thinks he is going to have our child every weekend!

OP posts:
Santasbigredbobblehat · 19/09/2025 18:22

If the mortgage and legal title are in joint names, then on sale the net proceeds (after paying off the mortgage, fees, etc.) are usually split according to the ownership set out on the deeds.
If it’s 50/50 (joint tenants or tenants in common 50/50), then that’s the legal default.

In law, one joint owner cannot normally demand repayment for having paid more of the mortgage unless there is a clear written agreement (like a deed of trust) saying otherwise.

Courts usually treat mortgage payments as part of the cost of owning the property together.
Improvements (new kitchen, extension, etc.) are different. A person can sometimes argue that they should get a larger share if their money significantly increased the property’s value — but again, this usually requires a legal agreement, or else they would have to bring a claim in court, which is not straightforward.

Childcare, housework, and paying household bills are not ignored by the courts. They are considered part of the contributions to the family and to the property.
The fact that you worked full-time and earned less doesn’t put you at a disadvantage legally — the default position is still the ownership share on the deeds.

Santasbigredbobblehat · 19/09/2025 18:24

I asked chat GTP your question and this was its reply.
The best thing to do would be to gain legal advice.

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