Relationship Breakdown - advice needed

markson · 22 March 2010 at 10:56PM

Hello.

My partner and I have recently split after living together for 3 years. I had my own flat - through a mortgage in my name alone - and eventually she moved in.

2 years ago, the flat was sold and we got a house. The mortgage was again in my name as was the title to the house. Last summer we made the ownership and the mortgage joint.

Throughout the entire time in our relationship I have paid for all the mortgage costs plus all household bills myself - even since last summer when we became jointly and severly liable on the mortgage. She has made no contribution towards the mortgage costs and bills such as council tax, utility bills etc.

A few weeks back she left me. She says that she is entitled to a signifcant portion of the equity should we have to end up selling up and unless I agree to this portion (which she works out at 30%) she will take legal action to seek a 50/50 split.

I've suggested she have 10% since she's paid nothing at all towards the cost.

The house is worth about £170k with the mortgage redemption about £140k. Thankfully we have no children!

Does she have a valid claim to all of this even though I can prove beyond reasonable doubt that I have paid for everything throughout our entire relationship?

Many thanks

CloudCuckooLand · 22 March 2010 at 11:24PM

If owned as 'Joint Tenants', she owns half. She's entitled to half.

You should have had a declaration of trust and chosen 'tenants-in-common', to record the share of property according to the contributions involved.

(My partner is happy to do that, as only putting 25% in, happy that I am bank-rolling the other three-quarters. If she was to try the emotional balckmail of "if you love me we should own equally", then I'd say "if you love me, we won't split, so what's it matter what the paperwork says"...!)

If its gets down to nitty-gritty of who paid what, she may say she paid for groceries month in, month out. That's contrbuting to the household.

And it may be argued that you gifted a chunk of the house to her, through your own choice. If you didn't want to protect your interest, that's your choice. She's not to blame for that choice. (a devils advocate/her solicitor would say)

Seems to be confirmed here, http://www.slpsolicitors.co.uk/declaration-of-trust.html
"A common error when completing the relevant forms is to tick the box "joint tenants" when one partner has paid the deposit or will pay a larger part of the mortgage. If the partners break-up, the property will be split 50:50 and not in accordance with the contributions actually made."

Think you need to speak to your solicitor, to double-check the deed/title status.

JA1000 · 22 March 2010 at 11:43PM

uh oh!!!!!!!!!!!!!!!!!

beecher2 · 23 March 2010 at 10:43AM

So she wants 9k, you want to give her 3k and she thinks she'd get 15k if she went to court?

Are you intending to ask your lender if you can have the mortgage in your name only from now on>? Is your income high enough to do this?

I think you need professional advice on this one.

markson · 23 March 2010 at 12:45PM

Thanks for your comments so far.

I have spoken to the conveyancer who dealt with the initial sale and she put me through to the family lawyer who gave me some quick free advice.

It would appear that on the face of it the comments made by CloudCuckoo are spot on. She's entitled to half and so I may be better off accepting the 30-70 split. However someone else said to me that I have a valid argument about the contributions and mortgage payments being all paid by me. She would have to provide evidence that she has contributed financial and I know full well that she couldn't do this.

Does anyone else have any similar experiences or know someone who has?

Thanks again