Equity split (non married)

hardup46

I own my home 50/50 with my ex. I've lived here for 4 years with our daughter. The house is currently on the market. I would like to push for slightly more of the equity, I've paid full mortgage and maintenance the whole time. I have in writing that he thinks he has no responsibility in any way for the house since he moved out.
Do you think I have a TOLATA claim for a slightly higher percentage of the equity seeing as I've paid the mortgage and need a full time home for daughter?

Brie

50/50 is just the starting point normally for married couples as far as I'm aware.  I'd say it's where the negotiation starts.  If he agrees you could decide on any split you wanted.  

ian1246

No basis to make that claim.

You've benefitted from sole use of the property whilst he's had to meet his housing needs elsewhere.

Any extra claim you have for paying the mortgage is offset against occupational rent owed to him.

https://ellisons.com/news/occupational-rent-what-is-it-and-when-should-it-be-considered-when-separating/

Child maintainance covers the extra costs involved regarding the child.

Non-married means your options to negotiate are far fewer - the house is owned 50/50 and thats the share your ex is entitled to.

Had you been married it could ultimately be for a judge to decide with a financial-consent order, but thats not applicable if not married.

You'd need to speak to a solicitor on whether there are any other alternatives possibky resulting from the requirement to meet the child's housing needs - but I'd imagine the costs to push for any hypothetical future ruling would be substantial - plus I'd imagine you'd have to demonstrate why what your asking for is strictly *necessary* for the interests of the child, given it would essentially be a judge depriving your ex of his property.

hardup46

Just to add, we have never been married and are tenants in common. I'm also in the process of getting legal advice, just on here to gage opinion and experiences.

SDLT_Geek

hardup46 said:

Just to add, we have never been married and are tenants in common. I'm also in the process of getting legal advice, just on here to gage opinion and experiences.

When getting legal advice, I suggest you ask about whether "equitable accounting" will help you.

kingstreet

Have a read of Jones V Kernott. It may be helpful, although IIRC there were no kids involved.

ian1246

hardup46 said:

Just to add, we have never been married and are tenants in common. I'm also in the process of getting legal advice, just on here to gage opinion and experiences.

If tenants in common, there should be a deed of trust setting out shares of ownership, in which case its very much cut & dry who gets what (thats the whole point of a deed of trust!).

The whole point if tenants in common is you each own a specific share of the property (which is inheritable if you die i.e. your next of kin would then own that share). In your case, its 50/50 - it would be pretty remarkable for a judge to overturn an written deed of trust (as opposed to a joint tenancy arrangement where the actual % of ownership is unspecified & potentially room for interpretation).

mta999

Perhaps a better way of putting it is that the share is deemed to be 50/50 unless there is a deed of trust specifying otherwise