Some advice regarding splitting up

Fay

My partner and I of 3.5 years are splitting up sadly...and we own a house together.

I'm really not sure of the legalities of it and would welcome some advie.

The situation is that this is our second home and we put a 35k deposit down on it from the sale of our last home. However, we have also done a little work on the house since moving in and the value has gone up by about 10k. My partner has decided that he wants to stay in the house and 'buy me out'...can anyone advise me what amount this would be?

Would it be half of the 35k...and also he is saying that I am not entitled to take anything from the house, which I think is also wrong.

This is all very fresh as it only happened last night but he obviously did alot of thinking about it yesterday and has made his mind up what I am and what I'm not entitled to! So any advice would be very gratefully received.

Thank you

mikey-mike_2

More info is needed…

Starting point has got to be half each of the current value but if you earned 100k and paid all the bills and he earned 20k and paid for the Friday night indian then that needs to be taken into account as well

elona

If you bought stuff for the house together then it seems reasonable that you should be entitled to take some of it.

See a lawyer and check your rights.

Bossyboots

Agree with both above posts, except it would be half the current equity, not half the current property value as the starting point. Everything else is correct though.

Crazychik

My mum has just left her partner of 8yrs, and is in a similar situation, In my eyes you should get half of what the house sells for - or in this case is valued at - at 2day's market. But Im no expert, But, it depends on who pays what etc. There was a clause with my mum, she earned less money than her ex, and only paid for food, landline, car ins, nights out, holidays, etc, he paid mortgage and utility bills, Cos there was something about her not contributing to the household bills - she wouldn't be entitled to nothing. Even though her name was on the mortgage deeds. In black and white she couldn't proved she lived there cos nothing was recorded that she contributed.

This was their 2nd house together, and she put money in from the money earnt from the previous sale. She came out of it - not being out of pocket.

Cos she lived in London, and she moved back home (midlands) we could only take what would fit in the van. She took what belonged to her, if she brought it, she took it, if they paid for it together, they discussed who could have what.

Try talking as much as you can, without dealing with solicitors to sort these things out for you. Only take legal advise ref house/money. At the end of the day, they are only material things - they can be replaced.

Sorry to hear things not have worked out. Good luck for the future.

Fay

Thank you guys.
It's a joint mortgage and most of the bills are in my name. We contribute equally to the bills, food etc, but my partner has tended to pay the mortgage...will that affect it? The money we put down on the house was from the sale of our last house, which we also had a joint mortage on and paid for together.

With regards to the material things I only want a couple of things, a bed and some ornaments mainly. I will be moving back to my parents so it seems pointless taking furniture from him that I have no use for.

But last night he started saying that I have to pay for any legal fees that he incurs...does anyone know if this is right. We were working on the idea that if the house is worth what it was in January then we would stand to have about 47k of equity in it, therefore I would get 23.5k, but he then said that I have to pay for mine and his legal fees out of this and the fees for him to take out a new mortgage. Now, I have no commone sense (sorry) but this can't be right can it????

hobo28

I think he's taking the michael a bit or at least it getting bad advice.

If its a joint mortgage then you own the house together. Who pays the bills is irrelevant. If you can't agree amongst yourselves a figure then a court would look at who has paid what to determine what would be "fair".

Since you are not married then whatever you bought seperately remains each other's property. Anything you paid for together is jointly owned. It doesn't sound like he understands that. Why don't you leave the stuff with a monetary compensation in your favour?

Legal fees, you each pay your own. Plus if HE wants to take a mortgage out, HE pays the fees! He can always get a fee free mortgage! He's just trying it on.

Crazychik

I cant see how or why he gets the idea from that you have to pay his legal fees - sounds like nonsense to me.

You both should have your own solicitor and that means you each pay your own fees. Regardless!!! He just being an !!! (pain in the bum)

Fay

Well he has gone to see a mortgage advisor now so who knows what he will come back with.

Do we both HAVE to have solicitors or can we do this without them, any idea?

hobo28

for anything like this, go through a solicitor. When I gave my house to my ex a long time ago, her solicitor got all the forms together and I just signed them. Its a simple process and shouldn't cost a fortune.

Crazychik

If it would have been rented accomadation - easy just walk taking whats your's, but because a mortgage is involved, you need a solicitor to sort out the legal side of things. They will fight your corner and make sure your not ripped off in the process. The furniture etc can be sorted amicably, if he will allow it.
Like I said earlier - my mum did this through a solicitor, its safer that way. She got what she wanted, and it takes the stress out of it all.

Listen to what he says ref this advisor! take notes - dont give him any reactions to start an argument - and dont let him wind you up. Then you can use that info, and pass on to your solicitor.

Have you got a solicitor sorted out? Sometimes, if you are a member of a union or have got personal insurance, you may be entitled to the first hr of free legal advise.