What is law regarding separation of co-habiting partners

[Guest TractorGirl]

Afternoon

 

I am writing this on behalf of my friend who is getting themselves in an emotional pickle.

 

Situation is - Cohabiting couple have decided to seperate and sell up but who gets what and who is entitled to what

 

Mr X had a house on is own with his own mortgage. Miss Y moves in 1 year later and pays him rent towards the upkeep.

Miss Y has bought a house with her own mortgage however Mr X gives her a £15,000 (10% of mortgage)deposit and somekind of contract is written up !! Not sure of the contents

 

They then decide to buy a place together, Mr X sell his house and makes £70,000 equity to which he puts £50,000 financially into the new house and Miss Y financially adds nothing, however kits the house in £35,000 worth of brand new furniture etc

 

Mr X has now stated that he wants to sell the house which after 1.5 years has gained £100,000 in equity and £60,000 in Miss y's place. He wants to take his initial £50k deposit from the equity then split everything 50/50. In addition to this he wants 50% of the equity on Miss Y's place even though he only gave £15,000 deposit and no further funds.

 

Is Miss Y in a stronger position as she has her own mortgage (sole) and also has a joint mortgage where all the payments and bills are split 50/50 ?

 

Any advice would be appreciated as Miss Y is panicing.

 

Cheers

 

TG

 

xx

[gizmo111]

It will depend on what they have registered on the deeds and any other agreeements. The fact she bought expensive furniture means zilch.

For expert advice ask on here Divorce: ondivorce for friendly community support

Not just for divorcing couples but co habs as well.

[gizmo111]

But looking atthe above figures it would seem that either way she will come out with around 45-47K equity.

 

Total equity = 100 + 60 = 160 less partners deposits = 95k split between 2 = 47.5 before agents fees etc if they are selling.

 

If she keeps her property and returns his deposit 60 - 15 = 45

 

What is it she wants from the share of assets?

[Guest TractorGirl]

Basically he is saying he wants to take his £50k back that he originally put in before splitting any further assets 50/50. and also 50% of her property equity even though he only gave £15k deposit and has no legal name to the her mortgage nor does he contribute to the monthly payments

 

1 think I should mention is that she isnot selling her place she is serving notice on her tenants before she moves in

 

I understand the contents thing which is fair enough

 

But I can't see how he would entitled to 50% of her place when he only xcontrubuted say 7% of the mortgage as a deposit, surely he could only ask for 7% of the equity.

[gizmo111]

What he is entitled to will all depend on how the ownership is divided on the deeds, not who pays the mortgage or is on it. Likewise he could quite easily say she is entitled to nothing from his property. How does she think she cn give him 7% of her equty yet have 50% of his. As far as I can see n he figures above there is little in it so maybe she is best of giving him is £15K back and each keeping their own propertys.

[Guest TractorGirl]

I don't think i have made the situation that clear

Basically she owns her own home with a mortgage in her name only.

The 2nd home is a joint mortgage and everything is 50/50 down the line, he doesn't solely own his OWN place as he just put 50k from the sale of his 1st home into the home they nowe jointly share

 

So surely she is in a stronger financial position as she has her own home and then the primary home is a joint 50/50 split mortgage, he just put money down as a deposit

 

He can have 7% of her equity as it is her own home only and he is not on any deeds, but the 2nd home should 50/50 as everything is joint.

 

Does this look clearer ?

 

Cheers

[gizmo111]

In your first post you say that he gave her £15k deposit and an agreement was drawn up - so the way I see it he is entitled to the first £65k and the balance of equity split as in calculations above - how much deposit did she put down on either home?

[Guest TractorGirl]

The joint house, she put no deposit down as she kitted the house out,

 

In her own house, he put the 15k depo in but his name is not on any legal documents to this house.

She won't be giving him any equity from this as she is not selling and cannot give equity on something she is keeping can she ?

 

Legally will the joint house be completely split 50/50 and with her share of the equity she should pay him the 15k deposit back and thats it.

 

How will a court see it ?

[CAGisforME]

I was in a similar position last year.

 

My advice is for Miss Y to see a solicitor as soon as possible. From my experience "amicable" splits rarely stay that way once money is getting split.

 

It is certainly financially worthwhile for your friend to get proper legal advice. If the agreement frawn up when HER house was bought states he gets X amount or X percentage, then that's what he gets. When/if it's sold could well be in the agreement.

 

As for the house they share, it all depends on who put what in, who pays what every month etc, whether there are any children in the relationship, who has paid what towards improving the value of the house (Home Improvements etc) and what is already in any agreement that may have been made. It would also depend on the way the deeds have the ownership as split.

 

I was advised that when co-habiting couples split it is often seen as "Common Law" by barrack room lawyers, but in the TRUE eyes of the law there is no such thing and that basically what you put in you get out.

 

Get Miss Y to see a solicitor as soon as possible. If Mr X is giving her a fair share he won't mind her checking things out legally will he? If he's none too pleased one might suggest he knows he's being less than fair.

 

Without the full facts it's so hard to advise, however I'll always advocate proper legal advice in these instances and my opinion above is solely based on my own personal experience.

[gizmo111]

So basically he put 65k in she put nothing and she wants 50% of all the increased equity?

 

You say some agreement was drawn up above - what does thissay?

I think a court will give him back his £65K and split the balance - what else could dhe reasonably expect.

[Guest TractorGirl]

Hi

 

Forget the £65k as 15 of this is in HER OWN house, in the new house, yes she didn't put anything down finacially, but she did pay £9k on both getting the garden landscaped and laying a drive, so surely this would have added value to the house wouldn't she.

 

Nothing else was cosmetically changed in the house.

 

CAGisFORME.....All the bills and mortgage were taken from a joint account and both parties put equal funds into cover this.

 

Gizmo, I don't know what was put into the contract as this has "conveniently" gone missing....but I do agree that whatever was signed she be upheld.

 

My point is HE cannot expect to take his £50k out of the equity then with the remaining amount split it 50/50 and then get 50% on her place, when he only put a 7% deposit down ......That will finacially cripple her

[Josie8]

If they own the house jointly beneficially then she will get 50% of the sale after mortgage deducted. He put down a larger deposit but she furnished & landscaped garden & driveway. Courts view beneficiall ownership as each party has equal share in the equity. If however tenants in common then different ball game & will depend how it is lodged at LR.

 

Her place she owns but will owe him 15 k.

[PriorityOne]

If he is not named on her mortgage and has only contributed £15k, then IMO £15 is all that he can claim from her home.

 

If she wants to put in a claim for home improvements that may have added value to the property that they own jointly..... in addition to whatever she may be entitled to after the split...., then she will need to have receipts to prove this, but I doubt that furnishings will count for anything, as said. I'm not sure that landscape gardening would either....

[gizmo111]

As far as I can she has contributed no start up to an investment that is now worth £160K - he wants his start up back leaving £95K to be split 50/50 wht he has agreed to - what is her problem with this arangement?

Are there childen you are not mentioning or some other reason why she should have more of his money?

[Guest TractorGirl]

Gizmo......She has NOT got a problem with him taking his £50k from the equity of the JOI NT house first, then split the remaining on that property 50/50....She is happy with that.......Do you honestly not believe that the equity of £100k ( i don't know why you are including the flat in this) has not partially happened because my friend spent HER money on landscaping the front and back of their house....Which is definitely a high selling point.....So she must have some rights there

 

What she has issues with is why he is trying to get HER flat split 50/50 when this is NOT a joint mortgage...He is only entitled to his depo back which is £15k and nothing more......To keep him sweet I did say give him some interest on his investment like another 5k, but he cannot surely claim 50% ?

 

That is my question

[gizmo111]

Gizmo......She has NOT got a problem with him taking his £50k from the equity of the JOI NT house first, then split the remaining on that property 50/50....She is happy with that.......Do you honestly not believe that the equity of £100k ( i don't know why you are including the flat in this) has not partially happened because my friend spent HER money on landscaping the front and back of their house....Which is definitely a high selling point.....So she must have some rights there

 

 

That is my question

 

And for the landscaping she is getting a handsome return.

None of the increase in equity in the flat would have been possible without his investment of the deposit in the first place, regrdeless of who is on the mortgage.

[Guest TractorGirl]

I'm sorry Gizmo but your latest response is bull......So you're basically saying that he is entitled to 50% just because he gave her a 10% ish deposit......I don't think so... if his funds weren't available, she would have found an alternate source, and besidesI'm very sure legally that he cannot demand anything bar his £15k depo on her own flat, his name is not on any deeds or mortgage

And as for the landscaping, she is not after "HANDSOME" return, she wants what she is legally entitled to and thats all

 

I came on here for some INPARTIAL advice and you have just been one-sided from the off and honestly haven't been the greatest help

 

So I won't be forwarding any of your advice except she needs to get a solictor and pretty quick

 

Thanks TG

[PriorityOne]

If his name is not on the mortgage or deeds...and he paid nothing towards that mortgage, then I can't see how he has any automatic entitlement to anything other than his original £15k.... plus maybe a percentage of that in equity, should he decide to push it. It would have made more of a difference had they been married with kids.

[Guest TractorGirl]

Hi PriotyOne

 

That is exactly what I am thinking

 

No he hs no connection whatsoever to her own property apart from the £15k depo which she will gladly give back plus interest on 15k.......

 

Their house together is completed split down the middle regarding the mortgage repayments and bills

 

They have no children

[gizmo111]

So I won't be forwarding any of your advice except she needs to get a solictor and pretty quick

 

Perhaps you should forward this thread on to her - so she can see what is a fair split.

Hopefully the agreement will pop back up and the partner will get his fair share.

[Guest TractorGirl]

How about SHE gets her fair share of the house they bought together and put her money into home improvements

 

I am after IMPARTIAL advice not what HE is entitled too, but what will seen as a fair split in the eyes of the law

 

Gizmo, all you have stated so far is what HE is entitled to....HIM HIM HIM. I am not interested in what he should get, its HER I am bothered about

 

This thread would probably upset her ......because all you have mentioned is him, and that is not what she needs to hear !!!

[barracad]

If you get advice from different people then there are going to be differing views - you have to decide which advice you feel is most suitable to your needs, and which to ignore. It's up to you how you go about this, but if I were getting advice from strangers on a forum like this I would probably look at a poster's previous posts to see if they give good advice, and possibly see if the poster has some kind of special status on the site as it is likely to indicate their advice is generally sound and trusted.

 

I don't think you can have such a thing as impartial advice on a site like this, as opinions will be biased one way or the other, based on personal experiences and beliefs. Indeed, you yourself complain that the advice is biased towards your friend's ex-partner, but then state the only reason you don't like it is because you would prefer the advice to be biased the other way!!

 

It is up to you to decide which advice, if any, to take. If you don't like a particular poster's advice, then simply ignore it and move on. It's pointless complaining because you don't agree with their viewpoint - surely you wanted to hear all viewpoints or you wouldn't have asked for the advice in the first place, right?

 

 

I think the best advice that anybody can give your friend is that she needs to consult a registered and insured lawyer.

[Guest TractorGirl]

Absolutely agree with you Barracad.

 

Naturally I am biased towards to my friend and would love it is she could screw him completely, but that is totally unrealistic

 

Yes I want opinions and advice on what is her legal entitlement, whether it is good or bad news

 

But cannot be doing with someone that is so one-sided in every single response of theirs esecially when they are a MOD

 

I am after advice that will benefit her to move forward. or for someone that has been in similar situations whether male or female, just want a general understanding, but /i am not interested in what he is entitled to, he can find that out for himself

 

/personal experiences / case studies would be great as then you can get some idea

[PriorityOne]

This thread has confused me. If your friend has deeds in her name only, then I cannot see how an ex-partner can have a claim on this property.... especially since they're not married and there are no children involved.

 

If it was a business venture, then I can see where the logic comes from.... but otherwise, I can't see it.

 

I would be very intersted in a definite answer one way or the other though.... as my deeds/mortgage are in my sole name as well.

 

[Guest TractorGirl]

She wants to do things fair, he gave her £15k depo to help her out and some type of contract was written up but he has taken her copy

 

She isn't trying to do one over on him but he is to her

 

She could sell her place with no major comeback but he cannot sell their house without her agreement....So i think she must be in a stronger position

 

/prioty one... Will keep you posted