Separating from partner - what am I entitled to?

[Mft1318]

Desperately need advice please. Going through a break up with long term partner (not married). We have a joint house and are joint tenants with no declarations of trust in place. It has a joint mortgage as well. He is saying that as he put in more deposit (68% to my 32%) and was the breadwinner (I was main parent/childcare but also part-time working) that the division of the equity is not 50:50.

My understanding of the law is that it’s irrelevant who put in more deposit and who paid more of the mortgage - it came from a joint bank account we both paid into.

Is he right that he should get his amount of deposit and therefore more of the equity?

We also own a Limited Company together with a 55:45 split (45% share to me). There’s a chunk of money in the business but the majority was accrued from my partner as a contractor. He was only able to do this as I was parenting the kids. He claims I’m not entitled to 45% as I didn’t contribute financially as much as him (I was also a contractor but no where near as much as him) - where do I stand on this legally? He was only able to earn the money into the business with my support. We’re both directors, I’m secretary and they’re ordinary shares with no caveat on how things should be divided.

Can you take steps to freeze the company accounts to make sure the funds don't disappear?

I'd see a solicitor a.s.a.p.

He’s talking rubbish. Please go and see a solicitor.

As far as my understanding is, you will be entitled to 45% of the business cash and 50% of the house equity.

And also speak to an accountant.

Unless the deposit was ringfenced as joint tenants it’s 50/50
if the business is 54/45 shares it’s that
he is talking rubbish

Sever the joint tenancy asap because as it currently stands, if you unexpectedly pop your clogs, he inherits your half automatically.

As tenants in common (which is what the ownership would revert to) your half is yours to dispose of by your will.

A solicitor can draw up the Severance document for you but it is perfectly straightforward and you could do it yourself. Have a look online for the wording required.

IIRC, the joint ownership is severed the moment he receives the document so send it recorded delivery, hire a server or have a witness as you hand it over.

Yes, severe tenancy, but get a will drawn up urgently to state who you leave your half to.

You are entitled to 50% of the equity in the house. He can try to argue for a different split but, on the information given, he won't get anywhere. Following the decision of the House of Lords in Stack v Dowden, if you both had clear open eyes at the time of purchase, the split is likely to be 50/50. This would be the case even if you had made no financial contribution at all.

You are entitled to 45% of the value of the business. It doesn't matter who did what. All that matters is that you own 45% of the shares.