50/50 although 1 person didnt pay much

[RainyFeb]

My sister has found out that her partner of 25 years has been cheating on her. She's seen the messages. He denied it up until he couldnt anymore. Gaslit her, called her crazy etc.

They have a mortgage together, joint tenancy so she has to share 50/50. He has barely paid anything towards mortgage and bills. Maybe 30% at an absolute push ( although I think it's less than this as he used to use her creditcards for his spending on the promise of repaying her).

What can she do? He wont move out. Still seeing the other woman. He is a functioning alcoholic. She feels trapped and I dont know how to help.

She needs to speak to a solicitor ASAP.

She's seen a financial advisor who stated that because its joint tenancy then it's 50/50 regardless of who paid what. Will seeing a solicitor achieve more?

If by "partner" you mean unmarried, then courts (via solicitors) have little power to change formal allocations of assets compared to their legal ownership.

No he owns half the house.

can she buy him out if she gets a mortgage? that would be my first thought.

Probably time to sell. Might be the only way to get rid of him.

They own it 50/50 so it will be split 50/50 are they married

They are not married.

My advice would be to get the property on the market so she can move on. Regardless of who paid what they own the property 50/50.

It a shame she did a joint.

Whose name is on the property?
Presumably both.

She can ask him to be decent and negotiate but it might be an expensive lesson

Then no it will be 50/50

Regardless of married on not it was a bit daft her paying for everything as it is still 50/50 because of the joint signing

Can she afford mortgage on her own? Can she buy him out of his half of equity? If not they will need to sell the house and share equity and both move on. I'm sorry your sister is facing this.

Unless he agrees to anything different he is owed 50% of the equity.

so she’ll either need to buy him out or sell the property and split the proceeds.

first question she needs to understand is how much she owes and whether she could buy him out.

if he refuses to engage or accept proposals to be bought out or the house to be sold she will have to resort to legal
route to force a sake. Lengthy and costly .

Likely not but might start the process of forcing a house sale so she can start again.

She must not buy him out without a financial agreement/order. Otherwise he can come back for more at any future point.

SORRY, JUST REALUSED NOT MARRIED SO NOT RELEVANT.

. Your poor sister has made a big mistake signing up for the house purchase without thinking ahead. She needs to sell the house asap and make a fresh start without this man. CAB or Shelter might help her work out the details.

Happened to me too - I carried a parasitic freeloader for many years, he never had a job so he paid literally zero into our life, and when I finally grew a spine and dumped him I had to remortgage the house I had already bought alone to buy him out, he took every single penny of the 50% he was entitled to by law. Very unfair but such is the end for people (like me) who sign contracts without fully understanding all the implications, expecting the other person to reciprocate their kindness. Much sympathy to your poor sister. Tell her that the sooner she gets this over and done with (ask a solicitor for advice obviously) the sooner she can start rebuilding. I’m much happier since I’m single even though financially it’s difficult and the injustice will always sting.

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Yes because a financial advisor isn’t a trained legal professional. He may well be right in this case but I’d always check since it’s such an important matter.

@NeedHandHoldThroughThis thevkaw is clear in this area. They’re not married and how the property 50:50. Makes no difference who paid. He’s due 50%

a solicitor might be useful only if op needs to force a sale.

Nothing she can do if it’s a joint tenancy, regardless of who paid what.