How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34288
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

my partner moved out of the family home 4 years ago,i stayed

Resolved Question:

my partner moved out of the family home 4 years ago,i stayed while the children grow up,now i want to sell as the children are moving out,i never got a regular payment from my partner and have struggled to pay all the bills and keep my head above water,he says he wants at least half the equity as he put the deposit down when we purchased the house 14 years ago,how do we go about working out a percentage of fair equity as i would like about 70% to purchase another property,he rents a property with his girlfriend,he`s a self employed carpenter,any advice would be welcome.
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 how much is outstanding on the mortgage - and did he protect his investment with a Declaration of Trust?
How old are the children now?
Clare
Customer: replied 3 years ago.

The children are 22 and 19,not had the house valued but one down the road sold for £220,000 so about the same, i`ll have to look at how much is left on the morgage but it was bought for £85,000 and there was nothing i signed so i`m assuming there was no declaration of trust.

Expert:  Clare replied 3 years ago.
Hi
How much was the deposit and how much was the mortgage payment over the last four years
Clare
Customer: replied 3 years ago.
It was a 4,000 deposit and the monthly repayments are 350.00
Expert:  Clare replied 3 years ago.
Hi
I do need to check - I have assumed that you were not married to each other?
Clare
Customer: replied 3 years ago.
No not married
Expert:  Clare replied 3 years ago.
Hi
Then I am afraid that unless your ex ever promised that you would receive a larger share of the equity you are only entitled to 50%.
The fact that you alone have paid the mortgage is not relevant since your ex has not been living there.
You can try and negotiate for a higher share using Family mediation
www.familymediationhelpline.co.uk
However if he is not willing to be generous I am afraid the costs of a court application would far outweigh any benefit
I am sorry to give such bad news - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you