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House sold now what?

malifax_2
Posts: 57 Forumite
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?
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?
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Comments
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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
MM0 -
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.Thanks to MSE, I am mortgage free!
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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.0 -
ta, you are right well shot.0
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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.0
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