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Property Rights After Splitting Up

6 replies

Optimistic123 · 06/01/2019 18:51

I'm at the end of a 23 year relationship.....we have a mortgage on a house that we both own equally as of April 2018.

Prior to this house we lived in a house from 2002 to 2017 that we moved into together as a couple....I was studying so my partner took the mortgage in her name. I paid her an amount each month for the whole of that time to cover half the mortgage and the bills and I also for the next 14 years paid for all the upkeep and repairs.

We sold the house and put the 220k equity into my partners account and then used that as the deposit on our new house. It was never under question that the previous house was both of ours and that we would split it equally if anything happened.

Now it looks like we will be separating, the deposit for our current house came from her account, from the sale of a house in her name....while our current house is in both of our names.

My worry is that we are now splitting up as I have found that she has been having an affair for a couple of years and now wants to leave. I am worried that rather than us splitting the house equally when we sell she may try to claim all of the deposit money put down as just hers.

Help!!

OP posts:
ShalomJackie · 06/01/2019 19:01
  1. Are you married or not?
  1. Do you own the property as joint tenants or tenants in common? If joint tenants and no deed of trust stating beneficial interests then presumption is 50/50.
  1. Get together any evidence showing all contributions to cost/maintenance etc of previous property so it is readily tk hand if she tries to argue she should have a latger share.
  1. Who funded deposit for original property?
Optimistic123 · 06/01/2019 19:07
  1. We are not married.
  1. We own the property as joint tenants and there is no deed of trust stating beneficial interests.
  1. I had a direct debit being paid out to her account each month plus can get invoices etc to show work done paid by me.
  1. Deposit for original property we both funded this.
OP posts:
Optimistic123 · 06/01/2019 19:14

We are Joint Tenants with a 50/50 Share.

The deposit was raised by the sale of a property.

OP posts:
ShalomJackie · 07/01/2019 10:25

It sounds as though ahe woild have difficulty in arguing that it is anything but a 50/50 split.

ShalomJackie · 07/01/2019 10:25

Excuse typos on phone!!

Racecardriver · 07/01/2019 10:30

Honestly I think she would struggle to argue that she has a agree equitable interest. The scenarios where such arguments are successful are exceptional.

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