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Ask Harris Your Own Question
Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have been in communication with my ex and she has

Resolved Question:

Hi - I have been in communication with my ex and she has emailed me and agreed to the sale of the family home. My question is to do with how the equity is divided. Since we split in 2008 my calculations show that the mortage payments have cost me £27.4k and my ex has contrbuted £8.6k. This is a total of £36k and I believe my ex should have paid half of this. On this basis would I be able to recoup the amount that I have paid over £18k IE £9.4k?
She paid the mortgage for 25 months in 2009-2010 when I was struggling with CSA payments and they were taking money directly from my employer. However from 2011 after I made alternate arrangements with the CSA which reduced the payments. This allowed me to pay the mortgage directly. Then in 2013 I arranged to pay my ex directly so she could pay the mortgage and support our 2 girls. This arrangement came about through quite manipilative behavior by my daughters at the end of 2012 and looking back in retrospect may not have been the best idea I've had.
I look forward to your reponse
Regards
Richard
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.
Hi, thanks for your question. Please confirm: -if you are/were married to your ex-partner-how old the children are and whose care they are in, and what the arrangements are in place for them to spend time with each parent-whose name the property is in and if there is any separation agreement or deed of trust
Customer: replied 1 year ago.
Hi - no we were not married.
Our 2 girls are now 23 and 18 which is the reason I now want to sell. The eldest lives in the property and the youngest is at a residential college. My ex lives with her bf 80 miles from the property or so I believe.
My relationship with my girls broke down in 2012 and no longer see them.
The mortgage is in both our names and there is no post-split agreement regarding the property.
Hope that helps
Regards
Expert:  Harris replied 1 year ago.
Hi, thanks for the further information. As you are not married and there is no formal agreement in place, the legal position is that the equity should be split in accordance with how the title is held. So if it is held as joint tenants (ie. 50-50) the split should be 50-50, despite the higher contributions you have made towards the property. However, there is case law where you can claim occupational rent from her depending on the reasons why you left the property.
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Customer: replied 1 year ago.
Hi I left the property in 2008 following the relationship breakdown. Thanks for the information. I dont think I want to go down the legal route so will aim for the 50/50 split and leave it at that. Frankly it will be a relief to leave it all behind. Thanks again.