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Does the person who pays the most mortgage get to claim a bigger share of the house when a couple split up?

27 replies

LouiseAderyn · 15/08/2013 10:43

My brother and his fiancee have decided to separate. She has said that she is finding it difficult having him still live in the house and would like him to move out when he gets his new job (which comes with accommodation).

She has offered to pay more of the mortgage until their house is sold, but I think this means that she can then claim a greater share of the profit once the house is sold. Is this true?

At the moment they each pay 50%.

I would really appreciate it if someone could clarify this for my brother - his ex fiancee is saying that she doesn't want to involve solicitors because of the expense and that they can sort it themselves, but my brother is quite trusting and while he would rely on her to be fair, I am pretty certain that she would have already sought legal advice, which is why I think she is suggesting this arrangement.

Probably not relevant, but it was her decision to split and she waited until they had just bought a bigger, more expensive house, before telling him. Don't want anyone to think he is horrible and trying to get one over on her or anything.

Thanks

Louise

OP posts:
LouiseAderyn · 19/08/2013 08:04

Thank you everyone - I really do appreciate the advice

OP posts:
Collaborate · 19/08/2013 09:31

The Land Registry deeds won't show what percentages the property is held in (if you hold as tenants in common). You will merely be able to tell (with a trained eye - it won't be obvious to a lay person) whether it is held as joint tenants or tenants in common.

Earlybird - if she wants him out, why would shouldn't he expect her to pay the mortgage?

OP - this is what a court would expect.

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