Common Law Splitting Up of Propery

elenaworld

Hello. I am hoping to get an idea of where I stand.

We've lived in our maisonette for 14 years. My partner (who is an alcoholic) has finally agreed to leave the property. That's the good news. Now he has decided that he want 50% of everything. This is where I need some guidance. Unconventionally,I have always earned a lot more money than him and have paid all the bills for last 10 years, and I mean everything. Mortgage, endowment, utilities, food, gardener, handy man, car, even holidays and gifts for his family. He has contributed nil, well he pays the council tax and that's about it. He has done nothing in the home physically (hence why I get a handy man in), and contributed nothing (no cooking cleaning etc). He is joint owner on the deeds.

Will he be entitled to 50%? or is there hope for me? Ideally I want to keep the property.

I look forward to hearing from anyone.

vax2002

If you were never married, he leaves with nothing other than what he can provide receipts to prove he purchased and owns, there is no such thing as common law divorce, if he is joint land property deed holder then he has a 50% of the property.
Morals don't really come in to it.

SandC

Agreed. In England and Wales there is no such thing as a common law husband or wife.

You did, however, purchase the house together and he is on the deeds so you need to get advice on this. His 'everything' looks like it can only be the house.

dirtysexymonkey

he owns 50% of the property if the property is held jointly. you could try paying him off if you couldnt afford to buy him out?

vax2002

You have the trump cards here, he can not force you to sell the property, you can offer him a pay off on the condition that if he refuses to accept it, you will default on the mortgage, the house will be repossessed sold at auction and he will then be liable for half the LOSSES that are owed to the mortgage lender, if he has half a brain he will take the cash offer sign over the deeds and begger off and drink it all.

paddy's_mum

vax2002 wrote: »

he can not force you to sell the property

Sorry, but as a joint owner, he can force a sale simply by applying to the courts for an Order for Sale. Few judges would be likely to refuse to grant it especially if there is no divorce to be sought, no children to be provided for and nothing except the stature of each owner to consider.

Whether the OP would even want to go down the route of 'voluntary' repossession and dynamiting her good credit record is another matter.

It sounds to me as though the OP needs to be doing some serious negotiating with the soon-to-be-ex.

I have to ask why this ownership arrangement was made in the first place since it has, eventually, left the major earner profoundly disadvantaged. A good solicitor might be the next urgently needed step.

elenaworld

vax2002 wrote: »

If you were never married, he leaves with nothing other than what he can provide receipts to prove he purchased and owns, there is no such thing as common law divorce, if he is joint land property deed holder then he has a 50% of the property.
Morals don't really come in to it.

Thank you for the reply. Morals is always the forgotten sole.

elenaworld

SandC wrote: »

Agreed. In England and Wales there is no such thing as a common law husband or wife.

You did, however, purchase the house together and he is on the deeds so you need to get advice on this. His 'everything' looks like it can only be the house.

Thanx. The house is what I am trying to keep. Looks like I'm on a looser here.

elenaworld

dirtysexymonkey wrote: »

he owns 50% of the property if the property is held jointly. you could try paying him off if you couldnt afford to buy him out?

I tried, but he is being unreasonable as always. Thank you for responding though.

elenaworld

paddy's_mum wrote: »

Sorry, but as a joint owner, he can force a sale simply by applying to the courts for an Order for Sale. Few judges would be likely to refuse to grant it especially if there is no divorce to be sought, no children to be provided for and nothing except the stature of each owner to consider.

Whether the OP would even want to go down the route of 'voluntary' repossession and dynamiting her good credit record is another matter.

It sounds to me as though the OP needs to be doing some serious negotiating with the soon-to-be-ex.

I have to ask why this ownership arrangement was made in the first place since it has, eventually, left the major earner profoundly disadvantaged. A good solicitor might be the next urgently needed step.

Thank you for responding. I am going to get legal advice and fight this. It is so unfair. I appreciate that is not a typical case.

elenaworld

vax2002 wrote: »

You have the trump cards here, he can not force you to sell the property, you can offer him a pay off on the condition that if he refuses to accept it, you will default on the mortgage, the house will be repossessed sold at auction and he will then be liable for half the LOSSES that are owed to the mortgage lender, if he has half a brain he will take the cash offer sign over the deeds and begger off and drink it all.

Thank you. I love your thought. And that is exactly what he will do with my hard earned cash. Life is sometimes very unfair.