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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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 house in joint names. The relationship has broken

Resolved Question:

Hi. I have a house in joint names. The relationship has broken down, although we still both live in the house but never married. I am the only one who has paid the mortage since buying the house. The mortgage comes to an end early next year. Where do I stand in regards XXXXX XXXXX the house. .
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 much is the house worth and are there any children involved?
Clare
Customer: replied 3 years ago.

There are no children involved. The house is worth around £170,000

Expert:  Clare replied 3 years ago.
Hi
What was the arrangement with regard to contributions to the household expenditure over the years?
Clare
Customer: replied 3 years ago.

The other person has paid the council tax and some utility bills pver the last 10 years. I have paid for repairs and maintence, insureance telephone and water.

Expert:  Clare replied 3 years ago.
Hi
Who paid the food bills?
Clare
Customer: replied 3 years ago.

Most of the food was paid for by the other person but for the last 5 years or so I've not spent so much time at the house to eat so much food.

Expert:  Clare replied 3 years ago.
Hi
So the overall agreement was that you would would pay the mortgage and the other bills you mention and the other person paid everything else - is that correct?
Clare
Customer: replied 3 years ago.

Urs that's about it

Expert:  Clare replied 3 years ago.
Hi
Has your ex agreed to a sale or are they refusing?
Clare
Customer: replied 3 years ago.

It hasn't been discussed yet.


I was just worried about my position as I feel I have paid most of the expenses and don't want to give too much away.

Expert:  Clare replied 3 years ago.
Hi
What was the agreement made when the property was purchased?
Clare
Customer: replied 3 years ago.

No agreement was made. When we first purchased the property almost 25 years ago we were boyfriend and girlfriend. The initial deposit was paid by me. As time went on we grew apart but continued to live in the house.we have had our our separate lives for some years but continued to live in the house in separate rooms.

Expert:  Clare replied 3 years ago.
Hi
Have you ever discussed how the equity should be shared between you?
Clare
Customer: replied 3 years ago.

No discussion has ever been made. I was hoping to make a reasonable offer. Say 25% of the sale proceeds.

Expert:  Clare replied 3 years ago.
Hi
I am sorry but in the absence of any agreement at the time the starting point for division of the equity is 50/50 and you will have to work hard to try and move from that to get more.
You will need to negotiate with your ex using Family mediation and hope to establish that the fact that you paid the deposit and the mortgage should give you a larger share
She will no doubt say that the agreement was that you pay the mortgage and she pays everything else.
Your chances of limiting her claim to 25% are however sadly remote
I hope that this is of assistance - please ask if you need further details
Clare
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