House sale

[mumtoateenger75]

Please can someone tell me whether on the sale of the house that I owned with my ex we were not married
But I've two children with
Do I have to split the profit from the sale 50/50 or 70/30 I have heard different stories

Depends. Did you have a deposit and if so where did it come from? Who paid mortgage and bills etc?

i paid the mortgage but it was interest only
No deposit

You need legal advice to agree a split

He is insisting on 50/50

Why do you think it shouldn't be 50/50? You'd need to show why you were entitled to more.

Because I have the kids living with me and have to buy another house big enough to house them

You weren’t married do you don’t have the same rights as a wife. EW COULD get more of the house equity via the courts - but it depends on needs. This doesn’t apply in your case as you weren’t married.

If you weren’t married the house sale equity would be split according to how you set the contract up when purchased - it would of likely been set under joint ownership - so you get 50:50 each, unless you specified you woukd get a 70% share when you bought). You would likely get 50%.

Are the kids not also his kids? Won't he also need a place big enough for them to at y with him?

He doesn't see them
That much and very rarely has them
Overnight

Good point @SkyFiG33k - my OH’s EW argued that she couldn’t possibly move from their 3 bed, 3 bath house (that they jointly owned) as she had 2 kids. Apparently it was fine for her EH to rent a 1 bed flat (it’s all he could afford at the time).

When their divorce finances went to court a judge told her that the father also needs appropriate accommodation when the children stay (as a girl & boy a 3 bed).

The judge ordered the sale of the house and the EW got 62% of the equity.

The OP wasn’t married though so won’t have the same rights. I presume you set the contract up when you bought as joint ownership - which will mean a 50:50 split.

Who's name is on the deeds?

I agree here with Northernspirit. As you were not married and assuming you are both named on the deeds then it will be 50:50 split as a starting point unless you can convince a Judge otherwise. This would only be in extreme circumstances such as if he is very wealthy and owns other properties for example. Assuming not then it’s 50:50. It doesn’t matter who paid the rent or who paid the deposit unless there’s a legally binding agreement regarding that already in place.