Splitting up and selling the house - Overpayments 18 November 2021 at 1:22PM in Marriage, relationships & families 6 replies 532 views

Giant_Pear

Hi all,

I'm in the process of splitting with my partner (not married but is the father of my children) - and we are looking at selling the home (both of us are on the mortgage etc).

While getting the details from the mortgage company of how much we owe to work out how much I would be entitled to after we split, I discovered he had been making large overpayments on the mortgage over the last couple of years. (about £40,000).

It was a shock to find this out, that he had all this money to overpay and didnt tell me while I struggled to pay the household bills.

He is adamant (and nasty) that those overpayments are his alone and when the split of money is done after the house sale, he should get them back in full. I am conflicted, as to whether I should be entitled to the split of them too.

So I was just looking for any opinion or advice that anyone can offer? Is there a legal stance for this situation? Or is it purely a morale call if I choose to push for a share of the overpayments? And I suppose it would have to be settled in court if we can't agree? (which would be the case)

Thanks in advance.

TBagpuss

How do you own the property? Tenants in Common or Joint tenants?

The basic position is that you are each entitled to 50% unless you have a declaration of trust stating you own in different shares.

If he wants to claim that he should have more, then he would have to show that their was a mutual intention or agreement that he would have a larger share or that his contributions would alter the shares. 

Pixie5740

Giant_Pear said:

Hi all,

I'm in the process of splitting with my partner (not married but is the father of my children) - and we are looking at selling the home (both of us are on the mortgage etc).

While getting the details from the mortgage company of how much we owe to work out how much I would be entitled to after we split, I discovered he had been making large overpayments on the mortgage over the last couple of years. (about £40,000).

It was a shock to find this out, that he had all this money to overpay and didnt tell me while I struggled to pay the household bills.

He is adamant (and nasty) that those overpayments are his alone and when the split of money is done after the house sale, he should get them back in full. I am conflicted, as to whether I should be entitled to the split of them too.

So I was just looking for any opinion or advice that anyone can offer? Is there a legal stance for this situation? Or is it purely a morale call if I choose to push for a share of the overpayments? And I suppose it would have to be settled in court if we can't agree? (which would be the case)

Thanks in advance.

Is there a Deed of Trust spelling out the equity split and what will happen in the event of a relationship breakdown? 

Giant_Pear

TBagpuss said:

How do you own the property? Tenants in Common or Joint tenants?

The basic position is that you are each entitled to 50% unless you have a declaration of trust stating you own in different shares.

If he wants to claim that he should have more, then he would have to show that their was a mutual intention or agreement that he would have a larger share or that his contributions would alter the shares. 

Thanks for the reply. No there's nothing in writing to say he owns a bigger share due to these overpayments

Giant_Pear

@Pixie5740 no - nothing to my knowledge..

Brenster

I think it is admarable he was over paying, probably looking to secure both your futures.  But if it left you struggling then that is another question.   Also the circumstances of seperation may cause bitterness from one or both parties.
I think legally you are entitled to 50% of proceeds, but morally it is a grey area.  Hopefully selling the house isnt leaving your children without a home? if so i think you should be protected from selling it until they are at an age to leave home.

Pixie5740

Giant_Pear said:

@Pixie5740 no - nothing to my knowledge..

You could take it all the way to court, maybe he’d win, maybe you would, who knows which way it would do. It does seem unreasonable for him to get the full overpayments back as a) some of that went to paying mortgage interest which is an expense and therefore lost, b) he appears to have made the overpayments at your expense. 

Perhaps try compromising somewhere in the middle where you don’t get a straight 50/50 split but maybe 60/40 or 70/30 (you’ll need to do the maths). Mediation could be a good idea if he has turned nasty and you can’t have a reasonable conversation with him about this.