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common law separation and dividing the house fairly

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Comments

  • It seems your partner wants £70k (half of the £140k equity), whereas your view is that you "bought" 53% of the property yourself upfront, with the remaining 47% split 50/50. In that case, your partner is due 23.5% of the total value, so £63.5k.

    However, I'm presuming your partner paid half of the purchase costs e.g. stamp duty, mortgage product fees, solicitor costs etc.

    You may wish to consider the £6.5k difference as compensation for these extra fees / your contribution to your partners additional expenses?
  • Watty1
    Watty1 Posts: 7,336 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I might start to think about how much this could cost you in legal fees and an easy simple route. Your partner has agreed to return your deposit.  Legally your partner does not have to as the property is in joint names.  I think I'd take it as a win (my answer is based on currently being in the midst of a heck of a legal battle as the ex doesn't want to return anything and I've discovered the law treats marriage and just living together very differently.  I would have done things very differently with hindsight but if my ex was just returning the initial spend I'd say many thanks and kiss the ground he walked on.
    Made it to mortgage free but what a muddle that became

    In the event the proverbial hits the fan then co-habitees are better stashing their cash than being mortgage free !!
  • Brie
    Brie Posts: 15,634 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Has anyone asked about how equitable the mortgage payments have been as well as the maintenance/housework??  If you've been both paying the same amount but she's been doing most of the housework (as is frequently the case) then that swings things in her favour.  If you're paying the same amount but you earn 60% of what she does then that might changes things too.

    But simplicity would suggest you go for current price - your deposit and split the difference.  Assuming you can get a mortgage for that amount or have suitable savings.  
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