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Advice In Case Of Seperation Dividing The House

Hi,

I am sorry if this is not the correct place to ask this but I am hoping someone can offer any advice please?

My Partner and I live in a house we/she purchased in August 2016.

The Purchase was made up with a mortgage on her side and a loan from her parents.

November 2017 we took a joint 2nd charge to repay her parents

We have always repaid the mortgage, 2nd Charge & all bills from a joint account that we both pay into every month

September 2018 we are taking out a joint mortgage to replace the sole mortgage in her name and the joint 2nd charge

Obviously my partner has invested more funds into the house and it is only fair that is reflected should we seperate and have to sell.

Can anyone advise on the best way to move forward on this? We purchased the property for £375K (completely needs renovating which I am currently doing) the property value is about £400K and my partner put approx £130K deposit so I feel the fairest way would be that she should have a certain percentage of ownership in case things went wrong?

Any advice/pointers would be really appreciated!!

Comments

  • Linton
    Linton Posts: 18,282 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Hung up my suit!
    Was the £130K the deposit or in addition to the deposit? If the latter, at the start she "owned" £130K+£245K/2 and you owned £245K/2. So the ownership before betterment is 67% hers and 33% yours which I would say is the starting point for discussion. Whether you want to charge for your work on the renovation is more difficult - perhaps she is doing other useful things whilst you renovate? Also it would be impossible to say how much any increase in value is due to the renovation amd how much it would have been without renovation.



    I very much agree that you should sort this out now rather have an expensive and stressful battle should the worst happen.
  • dimbo61
    dimbo61 Posts: 13,727 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can own as tenants in common.
    You can then own shares ! Say 66/34
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Deduct the deposit then split the remainder 50/50. Both of you then benefit from any uplift in the value of the property.

    Was your mortgage lender aware that it was a loan not a gift?
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