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Ask Kasare Your Own Question
Kasare
Kasare, Solicitor
Category: Family Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Hi My ex partner and I bought a house together 12 years

Resolved Question:

Hi

My ex partner and I bought a house together 12 years ago. We split up 5 years ago and he moved out. I continued to pay the mortgage and now he wants me to buy him out. I offered him a figure based on what the house was worth when he left and what we owed on the mortgag.e at that time. The house price has gone up about £20,000 since then and he's said he's entitled to half the equity at todays house price.

Can you advise please
Submitted: 3 years ago.
Category: Family Law
Expert:  Kasare replied 3 years ago.
Hi, can you please advise if there are any children from the relationship?
Customer: replied 3 years ago.

They are 20 and 23 years old now.

Expert:  Kasare replied 3 years ago.

Ok, thanks, ***** ***** in the past 5 years made and paid for improvements to the house that has resulted in an increase in the value?

 

Also - how do you own the property? Joint tenants or tenants in common?

Customer: replied 3 years ago.

Not really - just general decorating

Expert:  Kasare replied 3 years ago.
Sorry I edited my question with another also - how is the property ownership shared? Jointly or tenants in common? What did both parties put into the property at purchase?
Customer: replied 3 years ago.

Sorry i missed the second quesion. Its owned jointly and we put the deposit down jointly. I think we had a 95% mortgage at the time.

Expert:  Kasare replied 3 years ago.
Thanks so you both paid equal amount for the deposit then?

As you must be aware, this area of law is a bit of a minefield in England and Wales and the legislation is quite outdated when it comes to cohabiting couples and property and married couples and property.

There is an interesting case similar to yours which went to the Supreme Court (the highest court in UK) in 2013. In this case the Supreme Court actually held that the woman, who had remained in the property and had paid all the mortgage and maintained the property since her ex partner left (they lived together for 8 years and she paid the mortgage for 13 years after he left) was entitled to 90% of the value and her ex partner only 10%. Although the 5 judges did not agree unanimously, the majority considered "…the logical inference" was that the man's share crystallised at the point that he left. (The case if you wish to research it is Kernott v Jones).

So in answer to your question, following the ruling by the Supreme Court, your ex would be entitled to a % of the value of the property - or the equity when he left.

In the above matter they Supreme Court calculated what his share was when he left and then worked that as a percentage of what the property was currently worth - by way of explanation: the property was worth £60,000 in 1993 whereby Mr Kernott’s half share was then worth £30,000 or approximately 12% of its current value - the lower court had awarded 10% of the current value and the Supreme Court considered the 12% to be a figure so close to the decision of 10% that it would be wrong of the appellate court to interfere

So the starting position is that yes you were both joint and beneficial owners in both law and equity at the start, but that position changed when he left and you carried on paying the mortgage and maintenance. As such I do not consider the law would accept he would be entitled to 50% of the current value/equity.

Make a sensible offer and if it cannot be agreed, then you will both have to resort to the court. However, be advised, that this will incur costs by both of you and could result in an adverse costs order against the loser!

I hope this assists. If you have any further questions on this, please ask. I am going offline shortly for the evening, but will be back on tomorrow.
Kasare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you for all your help and advice