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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34589
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am splitting up with my partner(not married) we live together

Resolved Question:

I am splitting up with my partner(not married) we live together in a house which I pay the mortgage on and all the bills. She put the deposit down for the house which was £12000 and she is the one leaving. What rights does she have..I am willing to pay her back the £12000 which she put into the house is this the correct thing to do?
Submitted: 3 years ago.
Category: 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 property now worth and how much is outstanding on the mortgage?
Did she protect her investment in the property with a Declaration of Trust?
Clare
Customer: replied 3 years ago.

Good evening Clare,


The property is roughly valued at 170,000 and i have a mortgage for around 90,000 with another 23 years outstanding. No we didnt have a declaration of trust.


I look forward to your response thanks Derek

Expert:  Clare replied 3 years ago.
Hi
So how much were you intending to offer her?
Clare
Customer: replied 3 years ago.

we had discussed 24,000 but things have become a little stressed at the moment,really what i need to know is how much i am legally obliged to offer.

Expert:  Clare replied 3 years ago.
Hi
It is bad news I am afraid.
There is equity in the property of £75,000 allowing for costs of sale and your ex is entitled to 50% of this -£37,500.
She could argue for more since she paid the deposit - but your counter argument would be that you alone paid the mortgage over the years.
I am sorry to give bad news - please ask if you need further details
Clare
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