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Selling house - can he ringfence money now?

5 replies

Hopefloats25 · 25/09/2022 23:28

DP and I are discussing potentially separating. We have a joint mortgage on the house we bought together both putting in equity. He put in way more money than me, but the house is owned 50-50 (as opposed to tenants in common). If we were to sell could he refuse to sell unless I agreed to take back only what cash I put in, as clearly I will benefit more given the 50-50 ownership. We have DCs hence the concern.thanks

OP posts:
Hotandbothereds · 25/09/2022 23:30

I don’t know, but the equity would be split even if he can take back his initial deposit.

Are you married? I’m guessing not as you says DP… have you been working or a SAHM?

Hopefloats25 · 25/09/2022 23:42

Thank you I’m guessing that he could insist on getting back his money that he put into the house and refuse to sell until I agreed. The house is owned 50-50 but I guess he could insist on doing that. Hopefully he wouldn’t! I work part time.

OP posts:
HeddaGarbled · 25/09/2022 23:51

I think you need to take legal advice.

prh47bridge · 26/09/2022 08:06

If he refuses to sell you can apply to the courts for an order to sell. However, although the starting point is that you each get 50% of the equity, the courts may order a different split in some circumstances. If he wants more than 50%, you should consult a lawyer.

Collaborate · 26/09/2022 09:38

prh47bridge · 26/09/2022 08:06

If he refuses to sell you can apply to the courts for an order to sell. However, although the starting point is that you each get 50% of the equity, the courts may order a different split in some circumstances. If he wants more than 50%, you should consult a lawyer.

Assuming you aren't married and that you simply bought the house together with unequal deposits, and neither of you have introduced more capital since then to the property (or agreed an alternative split of the proceeds on which DP has acted to their detriment) then the fact you own as joint tenants means that you WILL get 50% of the net proceeds.

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