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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2828
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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Good Afternoon, I have just split with my partner who I

Customer Question

Good Afternoon,
I have just split with my partner who I have been living with for 3 years. I have only been on the Mortgage since August but have been paying £300 a month towards house costs for the past 3 years and need to know what I'm entitled to. Please can you help me?
Kind regards
Laura Hewitt
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are you in England or Wales?

-Are/were you married to your partner?

-Do you have any children together, if so their ages and arrangements?

-Are you also registered on the title of the property?

-Is there a formal agreement bor deed of trust in place regarding the property?

Expert:  Harris replied 1 year ago.

Hi, this question remains open. Please could you provide the requested information so that I can assist you.

Customer: replied 1 year ago.
Hi.
We weren't married, live in England, no children, I think there is a deed of trust, not 100% on that, Im not 100% on if I'm on the property title.
Kind regards,
Laura.
Customer: replied 1 year ago.
He is an estate agent and knows exactly what he is doing, I have no clue and don't want to involve solicitors, due to the hassle, but need to know where I stand.
Expert:  Harris replied 1 year ago.

Thank you - the deed of trust is important as it specifies issues about contributions and shares in the event of a sale.

As a rule of thumb, the legal position is that you are entitled to a share of the equity in the property in accordance with your share of the title, so if you are joint tenants, you are entitled to 50% each, but again the deed of trust may change this position.

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 answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.

Customer: replied 1 year ago.
Hi. I am on the title deeds and there is no deed of trust. He wants to do a transfer of equity to put the house back in his name and cut me off financially. I only want 2500 - 5000 to restart my life. He won't sign the car (which was a Christmas present 2 years ago) over to me, unless I sign the transfer of equity.
Expert:  Harris replied 1 year ago.

Thank you for confirming. In that case you would therefore likely own 50% of the property - unless it is unequal on title and if you took the matter to court and attempted to force a sale the court will likely agree that you are entitled to 50% of the proceeds of sale.

You should inform him of this and request that he settles for the amount that you stated - which I would not suggest you propose if there is a lot of equity in the property given that you would be entitled to whatever your share is on the title.

I hope this has assisted you further. 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 answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
even though I've been on the mortgage less than a year, I am entitled to 50%?
Customer: replied 1 year ago.
I also have little to no proof of what I've paid towards the house. Will affect anything?
Expert:  Harris replied 1 year ago.

Yes, despite only being on the property for a short amount of time you would be entitled to 50% if you equally hold the title. You do not need to prove the payments you have made, however, if the matter went to court the court will consider both your intentions regarding registering your name.

Customer: replied 1 year ago.
Thank you. I really appreciate it.
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well. 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 answering your question without a positive rating. Thank you