Seperation of cohabitees - HELP

16102016

Hi Guys/ Girls,

1st post here so go gentle on me if im doing something wrong.

Me & my partner have split, and lived together. The mortgage is 100% in my name, and the deposit was paid 100% by me. What are the legal rights of the one who has left the property? What are they actually entitled to?

Iv read something which basically says as no kids/ marriage it comes to trust law, which is basically whatever my partner has paid in, they are entitled to? I.e. His or her share of whats been paid off the mortgage?

Anyone had a similar situation or can advise from a legal view?

Thanks :money:

Pixie5740

Did your ex contribute towards the mortgage repayments and/or did they pay for any improvements to the property such as a new kitchen, extension, roof, etc?

Shelter have a guide for Relationship Breakdowns which you might find useful.

Guest101

Not quite that simple. You don't get intrest free investment im afraid.


e.g.


House worth £100k, each paying 50% mortgage, 5 year slater, house valued at £200k, they could be entitled to 50% of the increase, £50,000.


Need more info

16102016

Ok so ex paid some money into my account each month (Not 50%) to contribute to all the outgoings.... we have no written agreements what that money was for, the ex signed a legal document for the mortgage to say he/ she had no rights over the property should the mortgage holder fail to pay and was kicked out etc. There are no kids involved & no marriage.

Property is worth more or less what it was when I purchased the property - however I did get it for less than market valuation initially.

pmlindyloo

Here is another guide for you:

https://www.citizensadvice.org.uk/relationships/living-together-marriage-and-civil-partnership/living-together-and-marriage-legal-differences/

In the end it can be a simple break up if your ex partner agrees that they do not want any financial redress as regards the house.

So, what does your ex say?

This can be done very simply.

You both agree that he has no financial interest in the house - agreement could be made into a legal document through a solicitor.

You don't agree and your ex will use a solicitor to declare a beneficial interest in the property - can get messy and expensive

You give your ex some financial settlement - again get the agreement put into a legal document.

So, basically, can be simple or messy and expensive.

16102016

Pixie5740 wrote: »

Did your ex contribute towards the mortgage repayments and/or did they pay for any improvements to the property such as a new kitchen, extension, roof, etc?
.

No property improvements, only cosmetic like wallpaper/ paint in a few rooms

Pixie5740

So it sounds like your ex has contributed towards the property. Your ex could go to court to try and exert some beneficial interest (might not be worth their while then again it might be), or you can sort this out amicably between yourselves, or you can keep quiet and hope that your ex doesn't know that (s)he might be entitled to anything.

pmlindyloo

The most important thing is - what is your ex saying?

16102016

Ok so is the ex entitled to what they put in? or the % of any equity that is in the property....because equity is only important when a person comes to sell a property surely?

If the ex does claim a beneficial interest via solicitor & courts - who would pay those costs?

And can they force a sale, or would the ex have to wait until I decided to move/ sell?

16102016

pmlindyloo wrote: »

The most important thing is - what is your ex saying?

Wants more than contributed.... as basing it on what the equity in the property is? Despite not contributing towards the deposit etc?

Pixie5740

I wouldn't say that your ex is entitled to every single penny (s)he put in. In order for your ex to legally claim anything they would need to go to court which is expensive and time consuming so it's in his/her interests to work something out amicably with you.

How long have you lived together in this house?