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Help! Separation and selling house. 50/50 sale proceeds?

2 replies

mumma24 · 30/08/2023 21:28

Hi,
I split up with my boyfriend last year and I moved back into family home.
we are selling our house (soon to exchanged) and my ex feels he should have more of the proceeds as he paid a little more towards the mortgage monthly payments (he earns more) it’s a joint mortgage and we both paid £10,000 each for the deposit.I continued to pay for mortgage and bills even thought I don’t live there. Am I entitled to half of the proceeds? Or is he right to ask for more? Thank you

OP posts:
missmarplesapprentice · 30/08/2023 22:59

It all depends on how you own the house. If you owned it as “joint tenants”
or “tenants in common” then I believe you have an entitlement to 50% of the sale. Only if you owned it as “tenants in common in unequal shares” would he be able to claim different. And even then it would have to be documented and witnesses how it would be split beforehand (declaration of trust)

Hopefully someone with more knowledge comes along to help as I only have my own experience.
check your documentation when you purchased or speak to your previous solicitor and they can confirm for you.

I’ve owned as “unequal shares” Previously and we had the declaration of trust set up in advance which we both had to sign. I can imagine that unless you did something like this then it’s 50/50.

mumma24 · 01/09/2023 15:00

thank you @missmarplesapprentice yes it’s a joint ownership ‘joint tenants’ of the property. It’s exactly what we thought too. Definitely 50/50 thanks for your help

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