Fair equity split?

[user1493400455]

Hello,
I split up with my partner 5 months ago (not married) and we have 2 children together aged 3 and 7. He is still living here and making my life miserable every single day with his constant abuse.
We both own the house but I am buying him out - I have received my mortgage in principle.

My question is, although legally it is a 50/50 equity split, what grounds do I have to make it 60/40 in my favour? I will have the kids with me full time, I assume he will have them every other weekend.
I earn around £30k annually and he earns around £48k annually.
Any advice will be greatly appreciated

You have zero grounds, if you are either Joint Tenants or Tenants in Common with 50/50 split specified.

He’s clearly an arsehole, but you don’t get to make a claim on his property.

You could make a claim on behalf of your child under Schedule 1 of the Children Act 1989 but that wouldn’t be for you, it would be for your children (it would be in trust for them) but that’s really hard even if you don’t already have a fair share (and 50% is fair).

I know some people say there’s no point in saying this as the horse is bolted, but I do think it’s worth stating for others than read this… you would have had more potential financial claim over the house and other assets had you married before having children. That isn’t the best protection for everyone - but it is for a lot of lower earners.

A better split would require him to be a decent person who would acknowledge that you are going to be doing the lions share of the care of your dc in, however, it doesn't sound like he is a decent person. Accept the 50/50 split is what will happen and put a claim in for maintenance.

None when not married.

You don’t have legal grounds to force a different split of equity (outside of marriage).

There are things you could do to prevent a sale and allow you to live in the house until the children are older; but that ties you to him for longer so I’d definitely buy him out if you can.

Have you got a claim in for Child maintenance? Make sure you’re getting everything you’re owed there if you’re going to be the main carer.

The only grounds you have for a different split would be if he agrees to it.