Selling council house need help

saints1996

Hello,
My mum got a £27,000 dicount when buying her council house and it was a £30,000 mortgage. Now my mother took out a mortgage with he partner but they have now seperated. The house is now worth £150,000 and what i would like to know would it be a straight 50-50 split or could my mum take the £27,000 discount she got in her own right only?

Thank You In Advance 

DullGreyGuy

saints1996 said:

Hello,
My mum got a £27,000 dicount when buying her council house and it was a £30,000 mortgage. Now my mother took out a mortgage with he partner but they have now seperated. The house is now worth £150,000 and what i would like to know would it be a straight 50-50 split or could my mum take the £27,000 discount she got in her own right only?

Thank You In Advance 

Is he named on the deeds? Is it a Joint Tenancy or Tenants in Common?

Presumably they weren't married?

Keep_pedalling

It will be 50/50 unless they held ownership as tenants in common AND they made a deed of trust documenting unequal ownership.

Exodi

Depends how they own the house - if they just signed as joint owners (aka 'joint tenants'), then it's 50:50. If they requested to be set up as tenants in common (commonly with a deed of trust drawn up), they it's split however they stipulated. You can check the type of ownership online by consulting the title deeds (£3).

FWIW I do not want to cause any offence so I'll just keep it brief and say I do not agree with the premise that your 'mum takes the £27,000 discount she got in her own right'. In any case, she's done extremely well.

Albermarle

Regardless of the legal position, there is no issue in trying to negotiate an agreed split.
It might not work but would be worth a try.

saints1996

Thank you for the replies,

My mother wanted to take a less amount than 50-50 just so she could be out of the relationship ( due to domestic violence ) though he's refusing to sell or meet her in the middle. I am due to see a solicitor in the morning but just wanted to get some insight. Another reason i asked was because he's owned 2 houses in his own name and never given my mother a penny. It will be going to tennants in common and hopefully with a solicitors help a sale can be pushed through. They never married and to be honest the money is secondary I just wanted to know because only for my mum bringing 2 children up on her own no council discount would have been given.

Also if he refuses to sell can this be forced upon him?

Thanks again

SarahB16

Is she proposing to continue living in the home?  If she has to sell her home depending on when she bought her home the discount may need to be repaid.  I'm just highlighting this to ensure this has been considered.