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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I am in the process of selling a property. My former partner

Resolved Question:

Hi there
I am in the process of selling a property. My former partner is named on the deeds, but I made most of the payments. But she is asking for half of the proceeds from sale. Is there a precedent whereby the proceeds can be split differently. The basic maths is this:
I paid out 16500 for deposit on the house and 43500 in repayments = 60K total
My ex partner paid out 8000 as a lump sum and 13000 in repayments = 21k total.
I have suggested a split of the 'equity' (proceeds from sale) as 30% for my partner and 70% for me, which is I think a fairer representation of how it should be divided, particularly when i was paying all the utility bills and these are not included in the sums above. Do I have a case, and if so, do I have to accept the 50:50 split now and try to recover monies later through legal channels (time is critical as the sale is going through).
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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

Did you protect your investment with a Declaration of Trust when the property was purchased?

Customer: replied 1 year ago.
I don't recall ever coming across a document called that at the time of purchase (in 2009).
Customer: replied 1 year ago.
I have just looked through my file system but can't find a document like that. What I can do is provide bank statements to back up evidence of the sums I mentioned though.
Customer: replied 1 year ago.
PS We were not married; there was no pre-nuptial agreement, and she was the one who left the relationship to live with another individual.
Expert:  Clare replied 1 year ago.

The problem is that it is about what was agreed at the time - not how much you each actually paid.

Did you ever discuss what would happen if you separated?

Customer: replied 1 year ago.
She left me in a hurry for a builder from around the corner - there was no discussion at all, but a virtual immediate vacating.
Expert:  Clare replied 1 year ago.

Sorry - I meant at the time that you purchased the house together?

Customer: replied 1 year ago.
No. We didn't discuss that. It doesn't seem the right thing to talk about when setting up a home with a (then) loved one. And I didn't envisage or contemplate divisions should the relationship go awry.
Expert:  Clare replied 1 year ago.

In the absence of any other agreement it is assumed that the property will be held in equal shares.

You can argue that there is no basis on which you intended to "give"your ex the extra £4,000 (the difference in your capital contributions if they are split equally between you) but I am afraid

it is unlikely that the unequal mortgage payments can be reclaimed.

You can read the basics here

http://www.mills-reeve.com/commonlawmarriagemyth/You ned to try and negotiate with her using Family mediation - a 70/30 split is too high - aim for 60/40.

Please be aware that once the sale is over you will have no basis whatsoever to claim any extra payments

Please ask if you need further details

Clare and other Law Specialists are ready to help you