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    • seymourf
    • By seymourf 7th May 18, 12:19 AM
    • 27Posts
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    seymourf
    Proceeds of house sale following separation.
    • #1
    • 7th May 18, 12:19 AM
    Proceeds of house sale following separation. 7th May 18 at 12:19 AM
    My ex-partner and I recently separated whilst in the process of selling our house. She paid a deposit of £32k in 2008, and we have paid half each towards the mortgage and other household bills ever since (these were all in her name apart from the mortgage, which was in both, but I transferred my half to her account every month). Following the sale and deduction of costs, approx £91k will be left. Am I correct thinking that our respective shares should be calculated by first deducting the deposit of 32k - which obviously belongs to my ex-partner - then dividing the remainder equally? So that in this instance my proceeds would be 91-32=59; then 59/2=£29,500?
    Not a nice question, but I need to know. Informed advice re the financial question much appreciated.
Page 2
    • davidwood681
    • By davidwood681 8th May 18, 12:31 PM
    • 646 Posts
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    davidwood681
    Because you're a man you won't get the same reply on here as a woman would.

    Either way, you're entitled to half of everything. How you feel about that is up to you though.
    • gettingtheresometime
    • By gettingtheresometime 8th May 18, 1:26 PM
    • 4,161 Posts
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    gettingtheresometime
    Because you're a man you won't get the same reply on here as a woman would.

    Either way, you're entitled to half of everything. How you feel about that is up to you though.
    Originally posted by davidwood681

    That's a very judgmental opinion.


    OP - I think the problem with the way that you are proposing to divide the equity doesn't take, as others have said, the growth in equity that her initial £32K deposit provided.


    Obviously it depends on how much you want to fight this but it strikes me the more reasonable your proposal the more likely it is, she will be advised to accept it.
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    • Gavin83
    • By Gavin83 8th May 18, 2:16 PM
    • 5,454 Posts
    • 9,028 Thanks
    Gavin83
    Sorry Gavin - she hasn’t been specific, but initially she made it clear she felt the house was her investment. She’s been in touch since and seems more reasonable - she says she’s getting advice and I’ll get what I’m ‘entitled to’. That is obviously open to interpretaction, hence this post.
    Originally posted by seymourf
    I'd ask what she's proposing and go from there, her offer might be reasonable. As others have said you're entitled to 50% of the remaining value after her initial deposit + % increase of property value applied to this. If you know how much the property has increased we could give you a more accurate figure but I'd probably be looking for around £20k in your shoes.

    You want to avoid this going to court as it could prove very expensive for both of you, but naturally you don't want her taking the pee either.

    Because you're a man you won't get the same reply on here as a woman would.

    Either way, you're entitled to half of everything. How you feel about that is up to you though.
    Originally posted by davidwood681
    I'm the first person to call out how prejudice towards men this forum can be but I've seen no evidence of it in this case. Since they weren't married they've less rights, this would work regardless of gender.
    • shiny76
    • By shiny76 8th May 18, 2:30 PM
    • 458 Posts
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    shiny76
    I was in a similar position many years ago (2006ish) where she had paid the deposit. However, I had done a lot of work to renovate the property including paying for all necessary items.

    I don't recall us negotiating percentages on equity when we split. I'd assumed we'd get a a single cheque from the solicitors for the 'profit' from the house. As it turned out we were both sent cheques for 50% of the amount, presumably due to the option we had chosen for registering ownership (tenants in common/joint tenants).

    If this is still the case then she may be in for a bit of a shock!
    • hazyjo
    • By hazyjo 8th May 18, 3:32 PM
    • 11,061 Posts
    • 14,592 Thanks
    hazyjo
    Because you're a man you won't get the same reply on here as a woman would.
    Originally posted by davidwood681
    Can't see any evidence of that. I suggested they do the same as my ex and I did which actually made the OP better off than he possibly may be entitled to. I'd say exactly the same thing the other way around. Half the time I don't really take much notice of what sex people are on here anyway.
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    • unholyangel
    • By unholyangel 8th May 18, 5:48 PM
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    unholyangel
    That's a very judgmental opinion.
    Originally posted by gettingtheresometime
    Im surprised you haven't seem him voice it before. He has a huge woman-sized chip on his shoulder on all of his accounts and he just loves commenting about how the board is biased towards women - even on threads that prove him wrong.
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    • Pixie5740
    • By Pixie5740 8th May 18, 6:44 PM
    • 13,266 Posts
    • 19,092 Thanks
    Pixie5740
    I'd ask what she's proposing and go from there, her offer might be reasonable. As others have said you're entitled to 50% of the remaining value after her initial deposit + % increase of property value applied to this. If you know how much the property has increased we could give you a more accurate figure but I'd probably be looking for around £20k in your shoes.

    You want to avoid this going to court as it could prove very expensive for both of you, but naturally you don't want her taking the pee either.
    Originally posted by Gavin83
    Only if there's a Declaration of Trust stating that's what will happen in the event of the relationship breaking down. If there isn't and they are joint tenants or tenants in common with equal shares then the OP is entitled to half the equity, as in half the total equity. The ex should discover this after her own enquiries. I'm not suggesting that the OP should go for 50% I'm just pointing out he could.
    • FBaby
    • By FBaby 8th May 18, 7:34 PM
    • 17,019 Posts
    • 41,939 Thanks
    FBaby
    You've been told that there are mainly two ways to calculate it (if you ignore the 50/50 which is unlikely to be what is considered fair), either deducting the £32K, or deducting the £32K + increase of prperty value applied to it. She'll go for the latter, so work out what it is and whether you are prepared to settle for that, or fight for the former.
    • seymourf
    • By seymourf 29th May 18, 10:52 PM
    • 27 Posts
    • 8 Thanks
    seymourf
    Thank you.
    Thanks to everyone who replied. FYI I suggested what I think was the most popular suggestion, which was the most reasonable in our situation, and she has agreed to take her deposit as a percentage of the house’s value and divide the remaining equity 50/50. Fairest all round, I think.
    Thanks again.
    • BrassicWoman
    • By BrassicWoman 30th May 18, 6:52 AM
    • 1,874 Posts
    • 7,503 Thanks
    BrassicWoman
    Because you're a man you won't get the same reply on here as a woman would.

    Either way, you're entitled to half of everything. How you feel about that is up to you though.
    Originally posted by davidwood681

    You say this very often even on posts where men are getting a fair shout.


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