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Divorce/separation

Here you'll find divorce help and support from other Mners. For legal advice, you may find Advice Now guides useful.

Original poster

What split can I expect when selling the house?

22 replies

Whattodonext1233 · 19/01/2023 10:40

After some advice from people who may have been through similar.
I split with ex partner in September and I’m currently still in the family home with the 2 dc, he is paying mortgage but no child maintenance.
I have estate agents booked next week to come round and take the photos to get the house up for sale, ex is refusing to sign estate agents agreement until he has spoken to a solicitor and we’ve agreed on how to split the money. We are not on speaking terms so this has come from estate agent. Ex is not supposed to contact unless it’s about our daughter, the police had to get involved in December and although I decided not to take it further it has been recorded as stalking.
When buying the house, ex’s parents gave us a gift of £75k, it was in writing that it was gift. Would I be liable to pay any of that back or can I leave it to him to pay back? I have a feeling he is also going to ask for money to buy my own car from him, is that likely? Also what split of the house am I likely to get l, is 60/40 in my favour a high possibility. I have the children all week, with him seeing them for the day on a Sunday currently and he is living with his parents. I need to be able to afford to look after the children and house them, whereas he doesn’t seem to have that need currently. He earns more than me, maybe by 10/20k a year.
I would love to sell the house and move on quickly, but while he is still paying the mortgage and refusing to sign he is still paying the mortgage so he’s losing out really.

Any advice before I go to a solicitor would be much appreciated.

OP posts:
Soontobe60 · 19/01/2023 10:42

Are you married?

Original poster
Whattodonext1233 · 19/01/2023 10:49

No, we aren’t married

OP posts:
glasshole · 19/01/2023 10:50

All depends on if you are mates and if his deposit was ring fenced

glasshole · 19/01/2023 10:51

Whattodonext1233 · 19/01/2023 10:49

No, we aren’t married

Did you have the solicitor write that the gift of £75k was to be just his contribution? Or was it a joint gift for both of you? Are you tenants in common?

Original poster
Whattodonext1233 · 19/01/2023 11:01

We certainly aren’t mates. His deposit wasn’t ringfenced.
I remember a letter needed to written to the mortgage company when buying the house stating that the money was a gift, it was never given to a solicitor as far as I’m aware.
We are both on the deeds for the house as joint owners.
I paid the deposit for the house from my own money and his parents gave us the gift.
hopefully that helps.

OP posts:
millymollymoomoo · 19/01/2023 11:05

The only thing that matters here is

  1. is there a deed of trust that ring fences the gift
  2. how do you hold the house - joint tenants or tenants in common? If joint tenants you will get 50%. If tenants in common you will get 50% unless a deed of trust has set ownership in unequal shares

if no deed or ringfenced gift then that is included in the oral available to split

if he won’t agree any other split the above will determine what you will be entitled to

Original poster
Whattodonext1233 · 19/01/2023 11:27

Ok, so even with the children being taken into consideration…I will get 50% and no more?
There is no deed of trust for the money that was a gift.
Am I right in thinking also that even though he is still paying the mortgage, he should also be paying maintenance?
thank you for your advice, it’s much appreciated.

OP posts:
IhearyouClemFandango · 19/01/2023 11:30

He is responsible for his share of the mortgage I would expect, if he is paying all of it then that may offset maintenance. Depends on his salary. Have you put it into the online calculator to see which was works better?

I would suggest it would be fair to take the sale value, remove the 75 to go back to his parents and then negotiate a split of the remainder. As you are unmarried it may be as simple as a 50/50 split, then he pays CM.

astronewt · 19/01/2023 11:37

From what you have said, each of you owns 50% of the house and that is what you will get in equity when it is sold. You aren't married so each of you simply owns half the property.

While he should be paying maintenance, he is not obligated to pay the mortgage for a house he no longer has access to, and he could in turn request you pay rent to him for his half, so I would be careful about pushing that one. If you can't afford to pay the full mortgage with maintenance from him, you will have to either prioritise putting the house on the market or make a private agreement with him where he agrees to subsidize the mortgage until the house can be sold.

Thistooshallpsss · 19/01/2023 11:39

Remember that marital law does not apply to you so you are governed by property laws

millymollymoomoo · 19/01/2023 11:45

You aren’t married
therefore ( unless he agrees to less) you are only entitled to the equity as defined by how you jointly own the house

be careful applying for maintenance while he’s paying his share of the mortgage - he could well stop that and ax it’s a joint and several liability the mortgage lender would simply expect you to pay, if you have sold use of the property as well he could argue to owe him ‘rent’ for his part

millymollymoomoo · 19/01/2023 11:54

Sold = sole

rambunctiousrapscallion · 19/01/2023 14:27

Just to add morally there is an argument the deposit money should go back to the parents. Therefore you would take out thr deposit you would put in, they would take out the deposit they put in and the rest would be split 50/50.

However, legally they have signed something saying it was a gift. My parents recently gave me some money for a deposit and the solicitor was very clear to make sure they knew they wouldnt get it back if me and my husband split. It would be in the joint pot and they would have no legal claim on it. I believe there are ways they could have attempted to get it back but its costly and complex and unlikely unless it was ring fenced or something drawn up at the time.

Basically that money is legally in the pot to be split. You could use this fact as a bargaining chip. Otherwise you are both entitled to 50 of profits and once the house is sold he has to pay cms maintenance.

Someone15055 · 19/01/2023 15:37

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Tinkywinkydinkydoo · 19/01/2023 17:26

Is the car you mentioned in your name or his name?

rwalker · 19/01/2023 17:36

Up to you but I’d return parents gift you’d be taking over 35k off his parents
take your deposit out and split what’s left
cur work out what’s best for you him paying all the mortgage and no child support or you pay half the mortgage and get child support off him

Everybodywants · 21/01/2023 17:08

You'll get half the equity available minus your selling fees.

In terms of the mortgage he is under no obligation to pay it at all for a house he is not currently living in.

You're entitled to maintenance from him minimum amount can be worked out using the calculator. Likely your mortgage costs more than this pcm? So I'd get the house on the market quickly before he gets legal advice, especially if you are not amicable as if he stops paying the mortgage there's little you can do plus CMS takes a while to sort out. Is he employed?

America12 · 24/01/2023 04:18

Everybodywants · 21/01/2023 17:08

You'll get half the equity available minus your selling fees.

In terms of the mortgage he is under no obligation to pay it at all for a house he is not currently living in.

You're entitled to maintenance from him minimum amount can be worked out using the calculator. Likely your mortgage costs more than this pcm? So I'd get the house on the market quickly before he gets legal advice, especially if you are not amicable as if he stops paying the mortgage there's little you can do plus CMS takes a while to sort out. Is he employed?

He does have to pay the mortgage, it's half his debt.

rwalker · 24/01/2023 06:40

America12 · 24/01/2023 04:18

He does have to pay the mortgage, it's half his debt.

Show quote history

Yes it’s his debt but they are both liable and all the implications that come with that

but he can stop paying it and they will come after BOTH of you and it will affect BOTH of yours credit rating

if you solely pay the mortgage you will not get any more out of the equity

get rid asap

EyesOnThePies · 24/01/2023 06:46

How big was your deposit, compared to the gift from his parents?

crinklemum2 · 24/01/2023 06:55

If he's paying the mortgage in full be thankful he's not asking you to pay your half unless that is less than you would get in CMA in which case start paying your half and claim CMA.

As others have said, because you're not married, and if you are joint tenants in common with no ring fencing of his parents' gift you would simply be entitled to walk away with everything in your name plus 50% of the house equity. Earning 10-20k more than you is not particularly significant and I doubt he'd be considered a high earned.

Morally, the right thing to do is to give his parents back at least some of their £75k. How long ago was it gifted?

EyesOnThePies · 24/01/2023 07:58

Did he ring fence his parents gift in a Deed of Trust?

Did you do similar with your deposit?

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