Calculation of ex-partners beneficial interest in property 29 November 2019 at 4:19PM in Mortgages & Endowments 2 replies 283 views

Simon81424

Hi All,

My wife, stepdaughter and I live in the house that my wife owned with her previous partner. They lived together for 3 years in the property, 15 years ago. My wife never had her ex-partner removed from the mortgage.

We are now looking at remortgaging, but are uncertain about how much the ex-partner could claim. It is simplified by the fact he didn't contribute to the household bills, and only ever paid the mortgage for the 3 years they lived together which totals about £6,500.

The property was bought for £41,000 in 2001 and is now worth around £120,000. The property has also had improvements (Kitchen, bathroom, lounge) which he was not involved in paying for.

How much is the ex-partner entitled to?

csgohan4

how is the property owned? joint tenants or tenants in common with a % split?

if the former 50% unless there's a deed of trust outlining how the property can be split

kingstreet

Have a read of Jones V Kernott.

It sounds like a very similar case. The original award of a 90/10 split overturned by the Court of Appeal was later reinstated by the Supreme Court.