What's she entitled to?

kitschy

Not sure where to post this, but a friend of mine is splitting up with his girlfriend. He has owned his property for 10 years, and she moved in 1 year ago and her name put on the mortgage. She has contributed half the monthly payments for that time but did not pay any initial lump sum or anything in. They never got around to signing a living together agreement

Would anyone have an idea what, if anything he is obliged to pay her?

Thanks

maninthestreet

There is no legal obligation for him to pay his ex-girlfriend anything.

kitschy

Thanks for that - I forgot to say she was on the deeds though, would that make a difference?

SandC

If it got to court there is no way a judge would award her half the value of the house if that is what your friend is worried about.

Personally I would say she is entitled to nothing but she may kick up a stink about it so I would advise him to get some legal advice.

Is it just the flush of love that makes people do this stuff? Just pondering....

CLAPTON

She's on the deeds
She pays half the mortgage
Clearly she owns half the house

kitschy

CLAPTON wrote: »

She's on the deeds
She pays half the mortgage
Clearly she owns half the house

But he put down the deposit, and paid the mortgage for nine of those years on his own. Surely she doesn't own half? Fairness would say she owns one half of one tenth of the equity as that's what she's contributed? Perhaps I am being too logical!

CLAPTON

Assuming the house is joint tenants then they are joint owners. If he died today then she would become the sole owner.

If they are tenants in common then they each own half the house unless a different arrangement was made.

Morally I would agree she isn't entitled to half the house for the reasons you stated (I'm assuming no children or complicating fators)
And maybe one tenth of the net equity would be fair or even generous.

On separation a judge may well decide that beneficial ownership was different from 50-50

Whats the question
the legal position or the moral position

maninthestreet

Why on earth did your friend add his GF's name to the mortgage? I assume they weren't in a relationship 10 years ago when the property was purchased.

kitschy

I am looking for the legal standing - what's morally right doesn't affect the outcome! I don't know why he added her to it - no-one seems to think about what happens when it doesn't work out!

CLAPTON

it would be best if they could agree between themselves but it rather depends upon the two of them

going to court would probably be rather expensive

getmore4less

He might not be able to get her off the mortgage if LTV and salary don't stack up.

Lending criteria are much tighter these days.