Spitting up with joint tenancy and a child

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Hello

My partner and I have split up. We have a 1 year old son. We bought a house under a joint tenancy last year. I put down a £15k deposit and was gifted £40k from my mother. So a total of £55k was put down. My partner did not put anything down for a deposit. I have paid every mortgage payment from the beginning and most of the bills. I am currently living at my mothers whilst my partner and son live at the house. I am still paying the mortgage and the bills. I have said to her that i want to sell the house but she doesnt want to know. I dont think we would make a profit on the house if we sold it but i have offered to take on any loss. As joint tenants would she be able to take half of the £55k that was put down? Does she have rights as she is the mother of our child? I really dont know what to do. My life is stuck in limbo until the house is sold.

Thanks in advance

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  • NBLondon
    NBLondon Posts: 5,539 Forumite
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    Joint tenants implies you both have equal rights over the whole property. If you wanted to make it unequal because of the initial contributions - you should have been tenants in common (although at the time you wouldnot have expected a break-up). I think you can change from one to the other now - but that will probably require a solicitor especially if partner is not in agreement.

    Partner or Spouse may also be significant. I'm guessing you want to do the right thing by your son and not be a $£(*(£)" to your ex but if you can't move on without selling up (presumably she is in no position to buy you out...) you may have to be a bit harsher.
    Wash your Knobs and Knockers... Keep the Postie safe!
  • davidwood681
    davidwood681 Posts: 881 Forumite
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    You are now responsible for two people, your son and yourself.

    Make sure you get legal advice because I wouldn't be giving her a penny of that equity/deposit.

    Also, move back in.....it's your house too
  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
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    Makes you want to spit, doesn't it.
  • lika_86
    lika_86 Posts: 1,779 Forumite
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    Have you checked if there is an early redemption charge on your mortgage? It may be fairly substantial if you only bought the house a year ago.
  • Kynthia
    Kynthia Posts: 5,669 Forumite
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    If you aren't married then she has no additional rights for being the mother of your child. You bought a very expensive asset and put the ownership legally as joint. You didn't have to do that, you could have owned unequal shares or have a trust deed specify you get your deposit back before the remaining proceeds are split. However joint means when you sell any profit is split equally unless you both agree otherwise.
    Don't listen to me, I'm no expert!
  • pphillips
    pphillips Posts: 1,631 Forumite
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    Kynthia wrote: »
    joint means when you sell any profit is split equally unless you both agree otherwise.

    Incorrect - it is only the starting point that when two people hold a house jointly, their beneficial interest will be equal. However, this presumption may be displaced where there is evidence that this was not their intention. In this instance, what might displace the presumption is the fact of there being a resulting trust of £55,000 in favour of the OP owing to their own financial contributions towards the purchase price. If the OP has also paid also paid all the mortgage contributions then this is evidence that the presumption should also be displaced by a constructive trust in the OP's favour.
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