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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34142
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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My partner has asked me to come up with a price for him to

Resolved Question:

Hello,My partner has asked me to come up with a price for him to buy me over following an acrimonous separation. I need help to come up with a fair calculation method taking into account variations in deposit value / share and mortage repayments.Please find below details necessary for calculation:Purchase price 410,000
Cash deposit 63,966 (45,007 for me, 18,960 for him)
Initial mortgage 357,980 (incl fee)Selling price: 600,000
Remaining mortgage: 280,060Q1: Do we use the cash value or the share value of the initial deposits for the calculation?Q2: Over the duration of the ownership, he contributed 71% of mortgage repayments; on the other hand I took time off to care for our children. How do we reflect this in calculations?Q3: Since he would incurr neither moving costs nor selling costs if he buys me out, should I request a contribution to my moving costs?I look forward to hearing from you.
Thank you.
Submitted: 2 months ago.
Category: Family Law
Customer: replied 2 months ago.
I forgot to specify that we are Tenants in Common, with shares 95/5 in my favour. There is no Declaration of Trust. I do not wish to enforce this 95/5 paper unless he makes it unevitable for me to go to court.
Expert:  Clare replied 2 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Why was the 95/5 split agreed to start with?

Customer: replied 2 months ago.
To protect my investment as he was in litigation with third parties that could potentially have bankrupted him.
Customer: replied 2 months ago.
For now I do not plan on enforcing it. I'm just trying to come up with an offer that might be acceptable to both of us so he can buy me out and I can move on with my life and buy a new home for me and my children. Ideally I am looking for a methodology to calculate a fair price regardless of this paper.
Expert:  Clare replied 2 months ago.

I understand then why this was how it was put in the Transfer - but what was the underlying agreement between you about how you owned the property (if there was one!) this is important in working out what a court might decide (which is what you need to know!)

Customer: replied 2 months ago.
There was no underlying agreement. We were young and foolish. I'm trying to assess what a fair asking price would be as I don't wish to use this paper at this stage.
Customer: replied 2 months ago.
I'm trying to find out a methodology. If you could answer the 3 subquestions that I have explicitly written, I would be satisfied. Thank you.
Expert:  Clare replied 2 months ago.

Ok

There are a number of ways of addressing this - but to deal with the specific questions in order

1. Percentage shares

2. You are making the calculation too complicated - it is impossible to do much more than take a broad brush approach for instance the deposit was shared 70?30 with you making the latter contribution at the start - but he made the larger contribution thereafter so they balance each other out

3. If the house was being sold then you would both "loose" money on the sale costs - so simply agreeing that you will use the proper value and not make a deduction for notional sale costs would be fair

So a starting point of 50/50 might be fair BUT you could equally argue that in fact whilst he paid more of the mortgage you were caring for the children - which will impact on your long tern employment and pension position - so sticking to the 70/30 split that you paid the deposit in would be fair.

I hope that this is of assistance - please ask if you need further details

Clare and 2 other Family Law Specialists are ready to help you
Customer: replied 2 months ago.
Thank you Claire. Your reply was helpful in determining an offer of settlement.

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