Splitting Up & Finances

[JustFlatMates]

I have been with my partner for 10 years but we are not married and have no children. We have split up but I am completely clueless as to what to do. He wants to stay in the flat and I just want to go home to my parents. How do I work out what he needs to pay me? There is also all the furniture and a car (about £5000) to take into account.

We have no debts except the mortgage.

As you are not married neither of you has any legal protection over finances. Anything bought in joint names belongs to both of you and the assumption would be that it should be split equally between you unless you entered into a different agreement at the time of purchase. Anything that was not purchased in joint names belongs to whoever bought it. So if the flat, furniture and car are all in his name he may not need to pay you anything, I'm afraid. Having said that, you may have acquired an interest in the flat by, for example, contributing towards the mortgage.

You need to seek legal advice regarding the options on your flat.

Depending on whose name the car is in, that is who the car will belong to.

If you can prove you paid for some furniture that may help you to claim ownership of it.

Unfortunately the car is in his name but I may be able to talk him into signing it over to me so I can sell it. We paid for everything (mortagage, furniture & car)from our joint account. Does this make a difference.

Whose name is house in? Was it bought jointly between the two of you and are deeds in joint names? Have you contributed towards mortgage?
If it is in his name and you have no explicit proof of payment towards property, I would not fancy your chances of having any of it. You could say a promise was made for you to have share in property, but this would be your word against his.
He could argue that your payment towards things like groceries and bills were not meant as a sign that he was giving part of property to you.
If I were you, I would stop thinking you were entitled to anything other than things you have actually -and can PROVE- you've bought/contributed to.
The law does not treat cohabitees like married people and there is no such thing as common law wife/husband.
Cohabitees do not get compensated for things like housework and companionship in the event of breaking up and any judge (with a small 'j') does not have to take into account what is seen as reasonable and fair.

The mortgage and the deeds are in both our names.

Well, IMO, I'd say that you'd get half of the property each then.
Seems reasonable to me.
prh47bridge seems to have told you what usually happens when cohabitees split, I think she sums things up pretty succinctly.
You seem to want to fight over the spoils as it were, when really the starting point for the breakdown of a cohabiting relationship is that each partner takes away what they brought to relationship and/or can prove they've bought contributed to.
The fact that a relationship took place is not relevant.
Also, you seem to think that the breakdown of a cohabiting relationship is treated the same as when a marriage breaks down? It is not.

Agree with Wamster.

In financial terms furniture probably isn't worth fighting over unless you've got some priceless antiques. Even if you can justify a split (which means showing that there was an intention for it to be a shared asset) it would be based on the second hand value of the furniture, not the replacement value. For a flat that is unlikely to be much and a legal battle could easily cost more in legal fees than the value of the furniture. You can take any furniture that is definitely yours. If your ex is willing to pay you something towards the value of the remaining furniture I would view that as a bonus.

The car being in his name means that the presumption will be that it belongs to him unless you can produce evidence that there was an intention for it to be a shared asset. The fact that it was paid for from a joint account isn't enough. The chances are that you won't be able to claim anything for it.

As the flat is in joint names and there are no children involved you would generally be entitled to 50% of the equity in the flat (i.e. the value after deducting the outstanding mortgage) unless he can show that you have agreed a different split or one of you paid significantly more than the other when you bought the flat.

If you had been married you may have been entitled to rather more. I'm afraid cohabitees do not enjoy the same rights as married couples no matter how long they have lived together. There is no such thing as a common law marriage.

The way forward is to get a few valuations of the flat, agree on its value, deduct the mortgage and split that between you.

If he wants to keep the flat I suggest making a deal. You leave the furniture but get the car. He won't have to re buy furniture and you get a fairly liquid asset.

He buys you out of the mortgage @ 50%.

And 50% of the equity Grev!