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What would you suggest is a fair split here?

14 replies

LOTM · 29/01/2021 22:37

Interested in what people think of the following situation.

  • Person A & B have been cohabiting for last 15 years, but are now splitting up.
  • House is owned as joint tenants, and after all selling costs, will be £500K to split.
  • Person A has invested more in the property by about £100K historically.
  • Person B has spent approximately £100K more in regular food / bills / non property over the years.

Although joint tenancy means 50/50 split, person A is willing to go to court to challenge based on relative contributions... in which case person B's non property contributions won't get counted.

Person B doesn't want to burn money on legal fees.. and as there are kids involved as well, doesn't want to make future interactions too toxic, so is willing to split the house sale £350K / £150K.

Is person A taking advantage of person B?

Interested in anyone's thoughts.
Love
LOTM

OP posts:
CoxwellHuge · 29/01/2021 22:40

Even if B is willing to accept A has put in £100k more, the calculation is wrong. From the £500k, person A takes their £100k then the remainder gets split in two so person A would get £300k, person B would get £200k.

LOTM · 29/01/2021 22:46

Thanks CoxwellHuge, yes you're right. Person A takes the first £100K, and remainder would get split 50/50.. giving the £300K / £200K.

OP posts:
converseandjeans · 29/01/2021 23:54

Yes I agree take out £100k and split the rest so £200k each

converseandjeans · 29/01/2021 23:55

Person A £300k Person B £200k.

But this illustrates why it's best to split actual mortgage with proof from bank statements.

Really it should be split 50:50.

Love51 · 30/01/2021 00:01

It seems that 50/50 (or 250/250) would be fair but 300/200 might be the best you can hope for, if the legal fees might run to £50k.

LOTM · 30/01/2021 10:35

Thank you converseandjeans and love51.

The story ended with a final split of £290K / £210K to avoid court. Neither was really happy, but I guess that's what you expect in a compromise.

Person A resented giving away an extra £10K in their eyes. Person B resents giving away their legal right to the 50/50 split, and all the extra money they spent that doesn't get included in the calculation.

Least both A and B can get on with their lives now.

OP posts:
Love51 · 30/01/2021 22:31

You're person B then?

BarbaraofSeville · 31/01/2021 10:03

Was the extra money person B spent on joint bills, or their own personal spending? That would be relevant. If one person paid the mortgage and the other bought the food and paid the electricity etc, those costs should be accounted for.

Are there also costs and maintenance going forward for the DC? If yes, that will also need to be considered.

trevorandsimon · 31/01/2021 10:05

What about the person housing the children getting more equity to house them?

LOTM · 31/01/2021 21:46

@barbaraofseville extra money B spent was on joint bills (heating, electricity, water, food) etc. Court would ignore that / doesn't count towards equity split.

A and B will be sharing DC custody, so that doesn't play into either.

I know B through work, and they were asking my advice.

OP posts:
Mayaingam · 03/02/2021 07:20

50/50 is the right thing to do

JellyBabiesFan · 03/02/2021 22:00

250/250 fair.

But person B should probably concede to 300/200 against them seeing as person A is being a dick.

DifficultBloodyWoman · 03/02/2021 22:04

@Love51

It seems that 50/50 (or 250/250) would be fair but 300/200 might be the best you can hope for, if the legal fees might run to £50k.
This
kittycorner · 04/02/2021 19:51

50/50 would be the only fair way, especially in those circumstances where both have been contributing and there are children involved. After 15 years and dc, I can't believe anyone would leave one person worse off. I know it happens all the time, but just surprises me.

Glad things are resolved. Hoping it's amicable from here on in.

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