What is law regarding separation of co-habiting partners

[rory32]

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

 

Then she needs to get a lawyer to request a copy of the contract.

 

She could sell her place with no major comeback

Without a copy of the contract this is only an assumption.

 

he cannot sell their house without her agreement....So i think she must be in a stronger position

 

Again this is only an assumption, without the contract you don't know this. He put the majority of money into the purchase of this property (the one where they both lived). This will not be split 50/50 as they are not married.

[JonCris]

She owns the flat outright & unless there was an agreement to pay interest then all he would be entitled to is his original 15K & no more

 

As for the jointly owned property as has been stated it depends on how it is owned whether jointly or as tenants in common.

 

If jointly he may be able to recover his intial investment & divide the rest 50/50 If tenants in common & in eother case it's not recorded as otherwise then it will be assumed they own 50% each

[JonCris]

She owns the flat outright & unless there was an agreement to pay interest then all he would be entitled to is his original 15K & no more

 

As for the jointly owned property as has been stated it depends on how it is owned whether jointly or as tenants in common.

 

If jointly he may be able to recover his intial investment & divide the rest 50/50 If tenants in common & in either case it's not recorded as otherwise then it will be assumed they own 50% each

[rory32]

Just to add to my last post, a friend of mine split from his partner a couple of years ago. As he was the one who had put down a sizeable deposit on the property (several 10's of thousands) and had a higher income and contributed more to everything, she was legally entitled to nothing from the sale of the house as they were not married.

 

This is quite a complicated part of the law and I am not saying that this will be the case in this matter, but your friend does need to seek proper legal advice ASAP.

[PriorityOne]

She owns the flat outright & unless there was an agreement to pay interest then all he would be entitled to is his original 15K & no more

 

As for the jointly owned property as has been stated it depends on how it is owned whether jointly or as tenants in common.

 

If jointly he may be able to recover his intial investment & divide the rest 50/50 If tenants in common & in eother case it's not recorded as otherwise then it will be assumed they own 50% each

 

That's what I thought as well JonCris....

 

I think in this case though, a lot might rest in what's in this contract that he's holding on to though. Can your friend remember what it was that she agreed to ?

[PriorityOne]

Just to add to my last post, a friend of mine split from his partner a couple of years ago. As he was the one who had put down a sizeable deposit on the property (several 10's of thousands) and had a higher income and contributed more to everything, she was legally entitled to nothing from the sale of the house as they were not married.

 

 

Rory, to have come away with absolutely nothing.... she can't have been on the deeds. That's my understanding of it anyway.

 

[rory32]

He had a very good lawyer. Female I might add.

[PriorityOne]

He had a very good lawyer. Female I might add.

 

Ah well.... says it all !!

[JonCris]

If the OC's friend is registered at the LR & the mortgage is in joint names then she will be entited to 50%. She may even be entitled to 50% of the total sum which includes his deposit.

 

As for her SOLE property he is NOT entitled to a single penny over & above the 15K unless she claims the 15K was a gift then he's got a fight on his hands proving otherwise

[PriorityOne]

If the OC's friend is registered at the LR & the mortgage is in joint names then she will be entited to 50%. She may even be entitled to 50% of the total sum which includes his deposit.

 

As for her SOLE property he is NOT entitled to a single penny over & above the 15K unless she claims the 15K was a gift then he's got a fight on his hands proving otherwise

 

Relief !! Not that I'm in a similar situation or anything.... but you never know what life's going to throw back at you !

[gizmo111]

As for her SOLE property he is NOT entitled to a single penny over & above the 15K unless she claims the 15K was a gift then he's got a fight on his hands proving otherwise

 

Depending on what was in this missing contract and what is registered.

[rory32]

Depending on what was in this missing contract and what is registered.

Exactly. Without a copy of the contract it is all speculation.

[barracad]

As for her SOLE property he is NOT entitled to a single penny over & above the 15K unless she claims the 15K was a gift then he's got a fight on his hands proving otherwise

 

Depends on the circumstances and what agreements have been entered into. My partner is selling her house, her father paid the deposit - but is entitled to receive back a %age of the value of the house, not just the deposit which was paid at the time. If there is a similar agreement then he could be entitled to more than the £15k - e.g. £15k was put towards house valued at £50k, house now worth £100k he would be entitled to £30k back.

 

All this is assuming deeds are not in joint names - the details available from the OP are somewhat sketchy.

[PriorityOne]

Depends on the circumstances and what agreements have been entered into. My partner is selling her house, her father paid the deposit - but is entitled to receive back a %age of the value of the house, not just the deposit which was paid at the time. If there is a similar agreement then he could be entitled to more than the £15k - e.g. £15k was put towards house valued at £50k, house now worth £100k he would be entitled to £30k back.

 

Your partner's father wouldn't be entitled to half though... which is what OP was asking.

 

All this is assuming deeds are not in joint names - the details available from the OP are somewhat sketchy.

 

The deeds were not joint on this one.... but they were joint on the one that's being sold. The partner already sold his place previously and put down a sizeable deposit on the joint property, whereas she put in nothing.... and now the joint property is being sold. She still has her own property seperate to this however, which is in her sole name only.

All this aside.... a lot hinges on this contract that he has.

 

 

[barracad]

Your partner's father wouldn't be entitled to half though... which is what OP was asking.

 

No, she wasn't asking anything at all about my partner's father. It all depends on what agreement has been entered into - he may be entitled to £15k, he may be entitled to X%, he may be entitled to 50% - it really all depends on the agreement.

 

The deeds were not joint on this one

 

Really? You seem to know more than the OP.

 

somekind of contract is written up !! Not sure of the contents

 

We don't know what's been signed by whom, and whether this is linked to whose names are on the deeds.

[PriorityOne]

Really? You seem to know more than the OP.

 

 

OP states that the 2nd property is in her friend's sole name. All that aside however, I agree that the contract seems to hold the key for her.

[JonCris]

If a contract exists then it will be a matter to be settled under Contract Law

[JonCris]

If both parties are on the mortgage then they must both be registered at the LR as owners & if they aren't then the mortgage would not have been granted to both of them.

[gizmo111]

If both parties are on the mortgage then they must both be registered at the LR as owners & if they aren't then the mortgage would not have been granted to both of them.

 

But it doesn't mean that they have to be registered on th deeds 50/50

[Josie8]

only if tenants in common -if beneficial then courts deem as a starting point that the intention is to give each party 50% interest regardless of who put larger deposit or paid higher mortgage.

[JonCris]

Agreed Josie & if the deed/contract entered into at the time of purchase by both parties is considerably prejudicial to one of those parties the court could set any such agreement aside.

 

This would most certainly apply if either one of those parties didn't seek legal advice before signing

[Guest TractorGirl]

Hi All

 

I would like to say thank-you to most people on this thread. This is an update on the situation

 

They have decided to go 50/50 on everything including the contents. He has already requested the TV - What a Loser !!!

 

The joint house is sold and she is moving into her place later in the year. She will come out with about £20k in her pocket

 

This is the best situation for all involved but at least my mate has her own property to move into, whereas he has to move back to Mummy's whilst he finds a place......I know this sounds bitchy, but he has made his bed and now he's gotta lie in it.

 

Oh and FYI, this contract still hasn't appeared

 

And hopefully she has now learned the lesson to get contracts written up always read them and bloody keep a copy

 

xx

[JonCris]

Tc alls well that ends well.

 

PS I do hope she has this latest contract/agreement in writing or at the very least a witness as to their arrangement

[Guest TractorGirl]

The Joint house sale was complete last Tuesday and she has now moved into her place with £15k in her pocket but most of this is now being swallowed up by DIY jobbies.......But she is really happy

 

Thanks once again

 

xx