Separation non married can he demand half of everything?

[Joanne2015]

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?

But here they own 50/50. That's the starting point for any split

There is no "starting point". If they each own 50:50, thats the end of the story, one has to cough up 50% of the equity for the other or the house has to be sold and the equity split down the middle. There is no negotiation. They each own X, end of story. No marriage, no negotiation, no settlement. Family law does not apply.

Exactly, there's no sliding scale with non married partners. My daughter got 70% of the equity despite not being on the deeds or mortgage, but only because they were married. If they were just partners she would have received nothing in those circumstances.

Taking emotions out of it. Unmarried partners who are joint tenants are entitled to 50% of the house each unless at time of purchase different percentages were stated.
It doesn’t matter who put more money in.

@BuffySummersReportingforSanity

But here they own 50/50. That's the starting point for any split

There is no "starting point". If they each own 50:50, thats the end of the story, one has to cough up 50% of the equity for the other or the house has to be sold and the equity split down the middle. There is no negotiation. They each own X, end of story. No marriage, no negotiation, no settlement. Family law does not apply.

I quoted a few cases where the % was varied for unmarried couples with joint ownership.

Stack v dowden (65% her) and Jones v kernott ((90% her)

https://en.m.wikipedia.org/wiki/Stackvv_Dowden

https://en.m.wikipedia.org/wiki/Jonesvv_Kernott

@burnoutbabe both of those cases turned on unique sets of circumstances. I'm surprised a lawyer would point directly to them in this scenario?

There are more cases in sane vein.

The point is the case law is not settled. Ones lawyers can argue either way and fir the op it's worth pursuing isn't it if she wants to avoid paying out £120k or so.

But a lawyer can advise more. It's just not 100% cut and dried like everyone is saying.

And of course legal fights cost money which lady hale pointed out, with couples spending more than the value of the equity in the urge "to win".

Which is why most cases settle/compromise and never actually become court cases.

(And again, all English law here, not studied Scottish law)

I can’t get over that your family - a family with a lot of disposable income per month PLUS a huge amount sitting around to pay off your mortgage have not/have never discussed any of this with you prior to giving you the huge sum. It boggles the mindZ

I'd be flapping in your position OP. I really cannot fathom why, your family especially, did not insist this £240k was ring fenced. It actually makes me feel sick and I don't know you.

I hope your solicitor can help you, your family must be fuming. I would be if it were my child. It sounds like he knew what would happen from the word go.

I’m happy to pay out £120k I just can’t go to £140/150k like he wants

The kids are the priority here. I think he is being selfish.

If you own as joint tenants with no ring fencing then yes he’s legally entitled to 50% of the equity in the house. Could you convince him to accept less in lieu of child maintenance? You definitely need a good lawyer

OP, under a section 28 Claim in Scotland your respective contributions- whether it be paid or unpaid, are considered.

It's effectively the equity minus your individual contributions to the deposit.

Much of the advice being given here is based on English divorce law, not Scottish cohabitation law.

It'll be a slow game of negotiation between Scottish solicitors, I suspect. He's looking for £150k, your starting point is £10k. You'll meet somewhere in between, at a point that none of us can really predict. Based on my experience of using a Scottish solicitor, be prepared for it to take a reeeaaallllyyyyy long time.

So I’ll definitely get the £65k back before the equity is split?

Why do you think you’d get it back before it’s split?

Our Scottish solicitor was very clear that it was 50:50’unless we stated otherwise when we purchased

You really really need to speak to a property lawyer about this, you've been given some dodgy and some totally incorrect advice here - good advice will more than pay out.

Please PLEASE do not discuss anything about finances/house with him until you have been to see a lawyer. You aren’t going to be able to rely on advice on mumsnet or any other forum

@Luzina

Please PLEASE do not discuss anything about finances/house with him until you have been to see a lawyer. You aren’t going to be able to rely on advice on mumsnet or any other forum

Yeah won’t be..

@Joanne, only your lawyer can tell you that. You may have to raise court proceedings (a Section 28 claim) for this

• it is done through family lawyers.

I recently went through the process in Scotland - it was simply a case of deducting our respective deposits from the remaining equity once the mortgage had been repaid.

And the title deeds was ownership equal shares.

Under cohabitation law, the law is that the house should be sold.

I was the one who put in the lesser deposit & my ex was able to buy me out at home report value, which was the worst possible scenario.

If I had the financial support from family that you do and was ok to give him £120k, I couldn't get worked up about an extra £20-30k. (If my understanding of the situation is correct).

It's a huge amount of money to most people including me but in order to have a clean break financially, with the support you have financially, I couldn't justify the angst about an extra £20-30k as I said. Legal fees to fight this will increase that figure further.

It's easy for me to say I know as it's not my money but you're in a very strong position financially and it doesn't seem worth being a hill to die on.

@youvegottenminuteslynn I'd imagine she's caught up on the 20/30k because she literally doesn't have it

[quote CorianderAndCream]@youvegottenminuteslynn I'd imagine she's caught up on the 20/30k because she literally doesn't have it[/quote]
Ah sorry my bad. I thought it was an existing pot of money and would either go to one or the other rather than OP being directly out of pocket from existing money.

No I’m selling my shares, my savings amd taking a 33 yr mortgage on to try and stay in the house.. I don’t have anything else. I don’t want have to ask my family for money after all they have done as this is my choice to split up