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Splitting up and Selling House - Potential Prob?

6 replies

Optimistic123 · 06/01/2019 22:22

I've been with my gf for 20 years and now we are splitting up.
We live with our 2 children in a house, with a mortgage that we have as Joint Tenants.
The house was 250k and we put a deposit down of £150k which was listed as from the sale of a property.

The property we sold to raise the deposit was our old home - the house was bought in my gf's name in 2003 as I was a student and had no income while she had just started working. We sold the house and had a £200k profit in 2017 - just before we bought where we live now.

I paid monthly to the mortgage to her bank account and paid all the bills, house renovations etc as I ended up earning a lot more. We have 2 kids.

I am worried that as we are splitting up due to her seeing someone else - that when it comes to selling our current house she may claim that the whole deposit was hers. It came from the sale of a house in her name and was deposited from an account in her name.

However, it was always understood that it was both of ours - not just hers.

What are the risks here if the house is sold in the future?

OP posts:
Andrea14 · 06/01/2019 23:05

As far as I was told by my solicitor joint tenants starts at 50/50.

Optimistic123 · 06/01/2019 23:29

Thanks, it's listed on the documentation and we both signed off as 50/50 as joint tenants.

I guess it will be a tricky one with kids and figuring out what to do with all this now. I never wanted to split up but here we are!!

OP posts:
Japanesejazz · 06/01/2019 23:40

It’s what is on the register that counts. Obviously you are jointly responsible for the mortgage payments on this property. If I was your girlfriend I would have had a trust deed registered against your current property to protect my interest.

Chaoticpenguin · 07/01/2019 13:49

How much did you put into last house that was in her name when you had no income?
You only mention the new house via her bank account.

Thing is the new or is in both names so in theory it’s 50/50. However if she can prove that the deposit came from her this may change things in court. You aren’t married so this doesn’t provide you with the standard. The joint names is good. However the two children in the equation..... she will most likely be able to stay or have more due to the children if she has main custody. See a solicitor.

What do you want 50/50? As that most likely will mean that family home where the children live will be sold. Really tricky. Get legal advice

Optimistic123 · 08/01/2019 18:40

The last house we moved in together on the same day, mortgage was in her name only and I paid half the mortgage and bills every month (I was working and studying for a Masters degree at the time) and then when I graduated I paid for the majority of bills (they were in my name) and all renovation, repair work.
It was always understood that it was both our homes, then we had children together and then we moved into a new house which is in both of our names.

I found out that she is in love with another man and has been seeing him for 3 years. I look after the kids more often as she works later shifts and I don't want to leave our home. At the moment we're both still in the house.

OP posts:
crappyday2018 · 08/01/2019 20:45

I would go and see a solicitor to get proper legal advice. As far as I'm aware (and I'm no expert), if you are 50/50 on the documents, then you both get 50% unless you come to another arrangement between yourselves.
I think its worth getting your legal facts in order just in case she does try to get more than she's entitled to.

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