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5 replies

Louanne89 · 23/07/2018 22:05

Hello,
I need some advice.
Ive ended things with my partner (we have a 6month old and things have been going from bad to worse( and he’s threatened that if I don’t pay him the money back for utility bills since I’ve been on maternity then he’s going to basically steal money I put into the house for a deposit.

Basically, I put 24,000 down (full deposit) on this house as it was from the sale of my old house I owned on my own (I have the documentation) .. but stupidly we went down as joint tenants which means he could technically get half like he has threatened.
I am looking into severing my joint tenancy (I don’t need his permission) to become tenants in common - I was just wondering if any of you ladies are solicitors or know any that could give me information about this. If I sever the tenancy, will that mean he is still entitled to my money or will it make it harder for him as I have proof of it being my deposit?
Thanks in advance 🙂

OP posts:
Jonbb · 23/07/2018 23:19

What was agreed at the time of the house purchase?

eternalopt · 24/07/2018 08:03

Severing the joint tenancy affects the legal ownership. However, it doesn't prove what shares the beneficial ownership is in. It's wise to change to tenants in common if you've split anyway, as with a joint tenancy, if anything happened to you, the house would transfer completely to him. With tenants in common, you can draw up a will to say where your share of the house goes. However, you would still need to argue over and evidence what shares the house is held in if it's anything other than the presumed 50/50

Collaborate · 24/07/2018 11:27

Severing the joint tenancy affects the legal ownership. However, it doesn't prove what shares the beneficial ownership is in.

Sorry, but that's just wrong.

By holding the property as joint tenants you've chosen to gift him half of what you put in. Nothing can change that. Don't waste your money trying.

prh47bridge · 24/07/2018 11:48

Agree with Collaborate. Purchasing the property as joint tenants shows that you intended to share it equally between you. It is too late to change your mind. I am afraid he is entitled to 50% of the equity in the house. All you will achieve by severing the joint tenancy is ensuring that your half of the house won't automatically become his if you die.

eternalopt · 25/07/2018 18:14

Sorry. In my rush to get the advice of "sever it anyway in case anything happens to you" I could've been clearer. Being TIC now doesn't mean there's anything different about the beneficial ownership as others have said - rebuttable presumption of 50/50 and you'd have to argue (or agree) to get anything different. I was talking about going forward - not commenting on contributions already made

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