We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

House sold now what?

Hello

My ex partner and I have just sold the house due to us splitting up. Debt was one of the main factors in this. We will end up paying off the C and G plus a charging order on the house plus a loan taken out on it.

Now we will still get a small residue to split (both our names on everything) so am I right in thinking that the solictor has no choice but to give us half each?

The reason I ask is that my ex is saying that I dont deserve half and she wants more and has threaten to talk to a solictor to see that she achives this. I need my half to make a clean slate and go forward can anybody enlighten me please?

Comments

  • medman
    medman Posts: 325 Forumite
    My advice to your ex would be to settle on half each. If you end up fighting over it the only people to benefit financially will be the solicitors and you'll both end up with less than you could have had!

    This is provided there are no kids involved in which case she will still need to provide a roof for them and perhaps should get more of the money.

    hope this helps, good luck

    MM
  • angelavdavis
    angelavdavis Posts: 4,714 Forumite
    Mortgage-free Glee!
    Here here.

    As no financial agreement was set up at the beginning of the relationship (I am guessing here), then she is entitled to no more than half if the property is in joint names. Even if you have cheated on her, she is still not legally entitled to any more - regardless of what she might think.

    As has been said, she will be mad to risk the money on a solicitor (and she will have to pay the costs - it will come from her half of the settlement - might be worth mentioning it if she follows through the threat).

    Sounds like you are best shot of her.
    :D Thanks to MSE, I am mortgage free!:D
  • malifax_2
    malifax_2 Posts: 57 Forumite
    yes no agreement was drawn up. I have tried and tried to explain to her that this the only fair forward. I will settle the bills out of my half which will swallow up a good chunk.

    The two kids involved are hers (18 and 15) but they are going to live with their father and we wernt married so I cant see me being legally obliged to them.
  • malifax_2
    malifax_2 Posts: 57 Forumite
    ta, you are right well shot.
  • oojakapipi
    oojakapipi Posts: 95 Forumite
    Part of the Furniture Combo Breaker
    I have been through a relationship split involving property quite recently and was advised that the amount of money put in by both parties is not the only factor in the decision (apparently there are 20+ factors that the court take into account), the advice you have been given above is best, the only thing I would add to it is that your ex may not trust your opinion on this so the best thing is to tell her to find a solicitor who will give her a free 30min consultation, and tell her to ask how much it would cost to go through the courts. She will soon discover that she will be spending all the equity on solicitors if she insists on court.
    Good luck, it is very tricky and you need to try and be as calm and reasonable as possible.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.4K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 241K Work, Benefits & Business
  • 617.3K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.