Joint mortgage and separation

EG87

Hi, I’m wanting any advise from anyone who has been in a similar situation.. so I currently live with my partner but things arnt going great. When we both got the mortgage the house needed a full refurb, my dad kindly lent us a large amount of money to do the house up, however at the time I stupidly didn’t get anything in writing that I wanted this money taken into account and deducted from the equity if we split. 

Obviously I don’t feel that my partner is entitled to have half the equity given that he hasn’t actually contributed to the house refurbishments ..  even though he has demanded in arguments that he wants half !
I want to stay in the property with my two children and I want his name off the mortgage. How do I go about doing this? I do have bank statements to prove that my dad paid me the lump sums weekly, if this can help I don’t know? 

Please help! 

MWT

First and probably most important question is can you meet your lenders affordability criteria for the mortgage without considering any of your partners income?

EG87

Yes I can meet the affordability definitely 

dimbo61

Are  both your names on the deeds and mortgage ?
You bought it 50/50 ?
Who put the deposit down ? 50/50
Is your partner still living in the property with you and YOUR kids ( not his ?)
How old are the kids ?

MWT

EG87 said:

Yes I can meet the affordability definitely 

Excellent, then assuming you can't agree on a split of the equity taking into consideration the family loan, do you have the funds available to pay him off anyway?  ... or was the loan so large that it really has to be taken into consideration to make it work?

EG87

Yes so the loan was like £30K, and we have only lived in the house since 2019 so there’s not a lot of money from my partners side that has actually gone into the house. 

EG87

dimbo61 - yes the house is 50 50 and deeds too. I got the deposit from my dad, all payments such as deposit and building work was from my account, I also have kept all bank statements showing the transactions from my dad .. 

getmore4less

First thing you need to is work out the equitable shares.
That gives you the size of the gap between you

Total purchase including expenses.

Cash contributions of each of you.
Mortgage (split 50:50?)
Other cash inputs since purchase.
(With timing)
(Equal mortgage overpayment can be ignored)

Value now.
Mortgage now.

Any documents to say this money was loan not gifts?

Can then work out a range of equitable shares based on timing of any additional funds, to compare to a straight 50:50.