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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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Original poster

Separation non married can he demand half of everything?

133 replies

Joanne2015 · 15/09/2021 17:00

Non married with 3 kids. My family paid £240k to the house, it’s now worth 290k over past 6 years. I was gifted £50k to pay deposit and I paid 15 of my own, he paid 10k. They then paid the mortgage company directly the remaining amount 3 years later. We are spreading and he says to sell the house and split it 50/50. I don’t want to do that as it means moving the kids out the house my family wanted for them. It’s a great and safe area, they have friends and school here. I am trying to find a way to buy him out but the max I can go to is 120k. He won’t accept that saying I’m forcing him to move back to England as he only earns 1380 a month. I’ve tried to say that to walk away with £120k after 6 years is more than most folk and if it means his kids get to stay in their family home then he’s being selfish.. he keeps saying he can’t see me stay here and be with another man.(not even on the card btw) but it’s all about him and he is literally taking me to the cleaners for the sake of 20/30k. I will now need to take 100k mortgage on just to give him this figure for the next 33 years. I’m so upset and angry now as I can’t believe he is so entitled to the house my family provided. Emotions running high right now but will I at least be able to make sure I get the 65k deposit back before the house is split 50/50? Anyone can offer any reassurance?

OP posts:

dementedpixie · 15/09/2021 17:03

Are you both on the mortgage then?
Speak to a solicitor. I dont know if you can ring fence the money your family put towards the house before you do any splitting

Theunamedcat · 15/09/2021 17:04

Whose name is the mortgage in?

dementedpixie · 15/09/2021 17:06

Or has the mortgage been paid off, mainly by your family?

Original poster

Joanne2015 · 15/09/2021 17:07

Also I get 1200 a month from my family, I put in around 1600 a month to the joint account including wages and save 600 in my own account from the 1200 which I use for family savings and home improvements etc. He says that he wants half the savings too which I pointed out are actually my savings that I choose to use for the family. If I’m going to buy him out I will need them to be able to do that as I can only get £100k mortgage and I still need to give him 20 ontop of that.

OP posts:

TreeTed · 15/09/2021 17:07

Who’s name is the house etc in? If he’s only paid £10k and no mortgage then surely he only gets that back and a small percentage of the increase?

dementedpixie · 15/09/2021 17:08

I dont understand who has paid what towards the mortgage? Has he only paid £10k or has he paid more. What is outstanding on it?

Mombie2021 · 15/09/2021 17:09

Did you seriously not ring fence the money from your family before going ahead?!

dementedpixie · 15/09/2021 17:09

And he can fuck off if he thinks he is getting your savings too. You arent married so has no right to your money

LemonSwan · 15/09/2021 17:10

Its not definite, it depends on whether you are tenants in common or the other one with split %s and ringfenced deposits.

I would get a solicitor on the case asap to advise.

In all likelihood if your tenants in common and he also gets a solicitor its unlikely to be the outcome you want.

dementedpixie · 15/09/2021 17:11

Have your parents paid £240k towards the house on total? Why did you not ring fence that amount?

Original poster

Joanne2015 · 15/09/2021 17:11

The entire mortgage has been paid off by my family. I thought as a decent guy he’d be aware of that and take less based on that. I know the remaining amount they paid straight to lender prob won’t be taken into consideration but if I can at least demand I get the 65k I put in back before the equity is split I’m in with a chance of buying him out. It’s a hard pull to swallow that after 6 years he is prepared to make sure we are all out in a smaller house in a worse off area. Honestly the kids can literally walk out the front door and the little swing park is infront of the house, they play with all their friends every single day here. I can’t get my head around how morally he can say I want half of everything your family have provided for us and the kids

OP posts:

thenewduchessofhastings · 15/09/2021 17:11

You need professional legal advice ASAP on the house.

You're not married therefore he doesn't get a penny of your savings

AmandaHugenkiss · 15/09/2021 17:11

OP is he named on the mortgage?

He is entitled to half of anything in the joint account. He is not entitled to any of your personal savings.

RandomMess · 15/09/2021 17:11

Absolutely depends on how the tenancy on the deeds is set up.

Personal savings are personal savings as you aren't married.

Original poster

Joanne2015 · 15/09/2021 17:11

He is joint tenant on mortgage yes

OP posts:

Wallywobbles · 15/09/2021 17:11

See a lawyer now. And more than one if you don't like the first one.

I'd say that if you can prove payments then that can/should be removed from any increase in equity. Then it's who paid what.

Do a table with the figures clearly laid out. Get the property valued - treat it as a business deal.

Most important don't panic but refuse to discuss it until you know where you stand properly.

BuffySummersReportingforSanity · 15/09/2021 17:12

Your savings are your savings. No marriage, no asset pooling and splitting.

With the house it depends on the specific legalities, I believe. Are you joint tenants or tenants in common? Did you ringfence the deposit you put down at the start, legally speaking?

AmandaHugenkiss · 15/09/2021 17:12

Ok no mortgage. Was he on the mortgage originally, and is his name on the deeds now?

RainingYetAgain · 15/09/2021 17:12

The only advice is to get legal advice proto.
From what you say, he isn't entitled to your savings, and depends on whose name the house is in whether he can claim on the house. I hope your family's input is protected.

PlanDeRaccordement · 15/09/2021 17:12

Speak to a solicitor. Don’t even know where you are as your post said he doesn’t want to be forced to move back to England?

Generally, in most countries unmarried partners don’t get 50/50 when they split. But also, generally, if his name is on the house deed, that denotes ownership no matter whose name the mortgage is in or who paid. So you need a solicitor to tell you where you stand legally.

crumpet · 15/09/2021 17:12

Can you move your money out of the joint account before he does…?

Journeyofthedragons · 15/09/2021 17:12

What country are you in?

Original poster

Joanne2015 · 15/09/2021 17:13

See the thing is I have a standing order to transfers the 1200 from my account to the joint every month, then I transfer 600 back into my account savings. He is saying that because of that it’s half his

OP posts:

Wallywobbles · 15/09/2021 17:13

Where are you?

PragmaticWench · 15/09/2021 17:14

You need to be clear if you bought as Tenants In Common or as Joint Tenants. Did your solicitor ring fence your much larger deposit? Who is on the mortgage and who has paid towards it?

Without that information nobody can really help you.

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