What is my EX entitled too?

rtho782

You may have paid the whole mortgage since she left, but had she paid her half it would be reasonable for her to have charged you rent to cover this, so it's all a wash.

I assume she contributed when you were together, and I assume you saved your initial deposit together. Imho she owns half and is now due half the equity.

kingstreet

Jones v Kernott?

http://www.familylawweek.co.uk/site.aspx?i=ed89312

fewcloudy

kingstreet wrote: »

Jones v Kernott?

http://www.familylawweek.co.uk/site.aspx?i=ed89312

I don't understand the legal speak; it firstly says "Mr Kernott appealed to the Court of Appeal which, by a majority (Jacob, LJ dissenting), allowed his appeal."

but then says "The Supreme Court unanimously allows the appeal and restores the order of the county court." which sounds like they are saying the original county court judge was correct?

fc

kingstreet

Try the wikipedia version instead;-

https://en.wikipedia.org/wiki/Jones_v_Kernott

kingstreet

The original 90/10 imposed by the High Court was reinstated by the Supreme Court which over-ruled the Court Of Appeals 50/50 ruling.

Sargeant102

So I will split the equity as it stands after the valuation has been carried out. I am remortgaging to give her the 50% of the equity. Who is responsible for paying the capital gain tax? Me or her?

silvercar

Sargeant102 wrote: »

So I will split the equity as it stands after the valuation has been carried out. I am remortgaging to give her the 50% of the equity. Who is responsible for paying the capital gain tax? Me or her?

Whoever has the liability has to pay the tax. She has a CGT allowance of £11,000 if not used elsewhere and will be entitled to some allowances as it was her home. There may not be any tax to pay.