Girlfriend Wants half of everything

matt8188

Hello,

I am writing on behalf of one of my friends who a week before getting married found out his fiancee was having an affair. He has a much better job than her and has always paid all the mortgage (over 1k a month) and 75% of all bills on their house (£225 of roughly £300 a month). They bought the house for 110k three years ago (100% mortgage) with a joint mortgage and have now put it up for sale at 150k. He has paid all mortgage payments for 36 months (from his own bank account). She has stated she wants half of any profit made on the house after tax and has said she has spoke to her solicitor and as the mortgage is in joint names this is what she's entitled to?

While she's acted quick and gone straight to the solicitors, his head is still in a mess. I've told him to go asap and find out his position, but does anyone know if what she's saying is right? It would seem completely unfair that despite not contributing anything to the mortgage she can walk away with half of any profit made? Any help much appreciated.

findingmyownway

Your friend needs to look back at the documents from the house purchase and see if it was bought as 'joint tenants' or 'tenants in common'. If it is joint tenants I think she will be entitled to half. If not, he probably has a good chance of fighting for a greater share of the equity.

He really must see a solicitor asap.

hobo28

I assume its joint tenants as this is whats normal and usually people will realise if they've purchased the house as tenants in common.

The starting point is indeed 50-50 but I think given the circumstances I would offer her less due to the fact that she has not contributed to the mortgage and only 25% of the bills. I'd be tempted to start at 75:25 since thats the proportion of the bills he paid. She's banking on the fact your friend will not want to spend money and the risk of taking this to court. I'd call her bluff for now.

The rub really is how much is it worth to both of them to compromise and not waste money slugging it out via solicitors?

Assuming you sell at the asking price which is doubtful in the current market they have £50k in equity. Bear in mind there are fees galore to pay out too. eg. mortgage exit, legals, estate agents etc.

So lets for a moment say her starting point is 50-50, ie. £20k (ish). If she slugs it out with your friend in court, fees will quickly eat into that for them both. A couple of letters here & there and a couple of visits to court and your easily looking at £3-£4k in legal fees.

Will she be entitled to legal aid? Your friend probably will not be but check.

Must yes, as the previous poster said, he needs to get a solicitor ASAP!

pinkshoes

If the mortgage is in both names, then she's probably entitled to 50% of any equity, but... I would get your friend to get a copy of all his bank statements showing that it was HIM who paid all the mortgage, and that she can have half the equity if she pays him back half the mortgage payments for the last 3 years, as well as interest on this money owed.

tiptoes

Hi as it was a joint mortgage she will be entitled to half of the equity in the house.

A friend of mine and his ex partner bought a house. When the relationship ended she moved in with the man she had been having a affair with. She turned up 8 yrs later after paying nothing towards the mortgage in all that time took my friend to court and forcing him to sell and got 50% of the equity.

Oldernotwiser

As your friend earns 3 times the salary of his ex fiance might it not be better to just split the proceeds with her and walk away with his head held high. Sometimes it's best to be a bigger person than to get involved in a lot of infighting. I also doubt that there's going to be very much in it after allowing for accepting a lower offer, fees, Hips and etc. I would've thought that they wouldn't clear more than about £20,000 between them on this. That being so, you're only talking about his losing £5,000 if split 75/25 and that could all go on solicitors' fees if he fights it and might well sabotage any sale.

As well, without wanting to be stereotypical, who's been the one taking on most of the domestic responsibilities. If she's been doing the majority of them then this should be reflected in the split. Even with no children involved, these things matter.

hobo28

Oldernotwiser wrote: »

As well, without wanting to be stereotypical, who's been the one taking on most of the domestic responsibilities. If she's been doing the majority of them then this should be reflected in the split. Even with no children involved, these things matter.

Since they're not married this doesn't matter. This is a land law issue, not a family issue.

dmg24

hobo28 wrote: »

Since they're not married this doesn't matter. This is a land law issue, not a family issue.

It does matter if they can demonstrate a constructive interest in the property by virtue of the work done towards the property.

hobo28

dmg24 wrote: »

It does matter if they can demonstrate a constructive interest in the property by virtue of the work done towards the property.

Only if its a significant financial contribution such as they paid for a new kitchen. If they were married it would be very different. Then domestic contribution would certainly apply.

Its not even relevent in this case since the property is held as joint tenants so the starting point is 50-50 anyway. But thats the starting point and given his larger financial contribution, i don't think it would be fair just to split the equity 50-50

Paparika

I suppose if this was to go to court, and it was proven that the man had paid 100% of the mortgage himself then it would favour him wouldn't it.

Oldernotwiser

hobo28 wrote: »

Since they're not married this doesn't matter. This is a land law issue, not a family issue.

I was talking ethically rather than legally.