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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have recently moved in with my partner with a joint

Customer Question

I have recently moved in with my partner with a joint mortgage and the property is registered as 50/50 ownership. We have only lived together a couple of months. Please could you advise whether I will be entitled to half of the equity should we choose to go our separate ways?
Submitted: 1 month ago.
Category: Family Law
Expert:  Harris replied 1 month ago.

Hi, thank you for your question. Please confirm if you are married to each other?

Customer: replied 1 month ago.
No we are not married just engaged
Expert:  Harris replied 1 month ago.

Thanks for confirming. As you are not married, and in the absence of a deed of trust or formal agreement you are both entitled to a division of the equity in proportion to how you hold the title - so if it is 50-50 you are entitled to 50% of the equity.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2810
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 month ago.
Many thanks for your quick response I will of course leave you positive feedback.
Customer: replied 1 month ago.
For clarity, doesthis entitlement stand even though he paid the deposit and stamp duty?
Expert:  Clare replied 1 month ago.

My name is ***** ***** I have been a family lawyer for 36 years.

Whilst the answer my colleague gave is technically correct it is not the whole answer and the fact is that much depends on what actual financial contribution you each actually made AND if you and your ex actively discussed this issue or were advised by the conveyancer about the difference between Tenants in Common and Beneficial Joint Tenants.

Given the short period of time between the purchase and the separation it is possible that your ex could argue that he should receive the deposit back and it is possible UNLESS it is clear your partner understood that he was gifting you half of the deposit, that a Court MIGHT agree