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JimLawyer
JimLawyer, Solicitor
Category: Australia Law
Satisfied Customers: 5517
Experience:  Senior Associate Solicitor
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Law?? My son has just broken off his engangement, they were

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this is UK law??
JA: What state are you in? It matters because laws vary by location.
Customer: My son has just broken off his engangement, they were buying a house together and he has made sure that he has contributed the same amount as his other half, he has decorated and improved the house, how should he go about a separation of finances and what will he be entitled to. She has made him leave the house and is currently staying at a friends
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the Expert to know before I connect you?
Customer: Only that they bought the house off her parents for 85 000 but its market price is 120 000- no violence/ abuse/ children just broken hearts !!!! I need to make sure they are both treated fairly financially

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

It sounds like they own the house as joint tenants which means 50/50. They are not married so after the 50% it comes down to how much each of them have contributed to the mortgage and home improvements - if your Son has contributed more then he should be entitled to more. And if she refuses to sell then he can apply to the local county court to force a sale - which is easy to do. Three property valuations would be needed so that the court can determine the average market price and to work out what each of them would be entitled to. I presume she is willing to sell the property?. If not or if there is a dispute over equity, an application to force a sale can be made - please come back to me for further details if required.

I hope this answers your question – if so could you please click 5 stars at the top of your screen, that will give me a rating on the site and I can answer any follow up questions at no extra charge.

Many thanks,

Jim

Customer: replied 9 days ago.
We're in uk

Thanks, so am I. Did you see my response?

Customer: replied 9 days ago.
Can he be bought out?? so if she wants to stay in the house she pays him/ buys him out is that a legal option? and is he again entitled to half of what they have paid so far?

He can - he needs to sever the joint tenancy and own the property as tenants in common so he can sell his share to someone else. Yes, he would be entitled to half of what they have paid.

He can do it himself (https://www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common) or he can instruct a local law firm which deals with conveyancing to do it for him.

 

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Customer: replied 9 days ago.
thank you