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Harris, Law Specialist
Category: Law
Satisfied Customers: 2849
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I lived in a council house for 10 years then bought it with

Customer Question

I lived in a council house for 10 years then bought it with my new partner. He put down£15,000 deposit and 3years later when we split he continued to pay the mortgage in lieu of child support. I now want to sell the house, how do i stand with what I need to pay him back and do I need his permission. please
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/were you married?

-Whose name is ***** ***** in?

-What is the current value of the property and outstanding mortgage?

Customer: replied 1 year ago.
The mortgage was in both of our names
We were not married
It's probably worth about £120,000I rented it from the council from 1986 - 1995 and because of that we were able to purchase it for £29,000. He put down £15,000 in cash and we had a 14,000 mortgage which was paid off in 2011. So from when my daughter was 16 - 18 yrs he didn't pay anything towards her care. T he mortgage he paid was in lieu of child support, so that we didn't have to have any contact
Expert:  Harris replied 1 year ago.

To confirm, is the title of the property also in his name?

Customer: replied 1 year ago.
I believe it is
Expert:  Harris replied 1 year ago.

Thanks for confirming. The legal position is that you are each entitled to a share of the proceeds of sale with how you hold the title - so if the title is in equal shares you are both each entitled to 50% of the proceeds, unless you can demonstrate there was an agreement or intention that the split will be different.

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

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Customer: replied 1 year ago.
Wow, Even though I paid rent for 9 years prior to the purchase?