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