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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Hi, I have a property sale enquiry. My Civil Partner and

Resolved Question:

Hi,
I have a property sale enquiry.
My Civil Partner and I split up in Dec 2013, and I have moved out (Jan 14) of the joint mortgaged house, but continued to pay the household bills, but not the mortgage (this hasn't been being paid by either of us), She has two children (18 & 13) living with her.
The house is sold and going through the selling process.
We have about 10k equity in the property, she is suggesting/demanding a 60/40 split, but I want 50/50.
How do I stand in relation to this?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How was the purchase funded?
How long have you lived together?
Are the children also "yours"?
Clare
Customer: replied 3 years ago.

Hi clare,


 


The property was mortgaged.


We have lived together since 2006, but bought the property in 2007.


The children are hers from a previous relationship.


Please let me know of you require further assistance.


Regards


Barbara

Expert:  Clare replied 3 years ago.
Hi
How was the original purchase funded
Clare
Customer: replied 3 years ago.

Hi Clare, as above the property was mortgaged.


Regards


Barbara

Expert:  Clare replied 3 years ago.
Hi
How were the deposit and the fees funded
Clare
Customer: replied 3 years ago.

Hi,


We had a deposit of 45K, which was made up from 30K hers and 15K mine, the fees came out of this money


regards


Barbara

Expert:  Clare replied 3 years ago.
Hi
Given that she gave the larger share of the deposit may I ask why you think her request is unreasonable?
Clare
Customer: replied 3 years ago.

Hi,


I've had paid all the household bills and about a 3rd of the mortgage each month.


Regards


Barbara

Expert:  Clare replied 3 years ago.
Hi
Just to check - the equity is only £10,000?
Clare
Customer: replied 3 years ago.

Yes, that is correct.

Expert:  Clare replied 3 years ago.
Hi
If this is dealt with by the Family Court within the financial side of Dissolution proceedings then it is likely that the Court would indeed award her an extra share of the equity to reflect the fact that she brought the larger share of the capital- and that she still has a child under 18 in her care
Whist you can fight this - please remember that the amount in question is £1000 and that the cost in time and emotion of fighting over it will be out of proportion
Please ask if you need further details
Clare
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