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F E Smith
F E Smith, Advocate
Category: Family Law
Satisfied Customers: 14143
Experience:  I have been practising for 30 years.
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In the middle of a break up with my current girlfriend we

Customer Question

In the middle of a break up with my current girlfriend we have be living together in a new house for 3 years but it's gone bitter and she no wants a large chunk of equity out of the house although she has put nothing into the house purchase, I've put in 100k I pay 90% of the bill's she pays for water and council tax, what is she entitled to? and dose it make a difference that I'm still married dose that effect her entitlement?
Assistant: What steps have you taken? Have you filed any papers in family court?
Customer: No steps taken yet as unsure what to do?
Assistant: Family Court normally sits in a local County and Magistrates' Court. Do you know the location of the court? If not, what county do you live in?
Customer: Why do I need to go to court?
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No just advice please
Submitted: 18 days ago.
Category: Family Law
Expert:  F E Smith replied 18 days ago.

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

how long have you been together in total?

did you put your financial input into a written agreement?

who's name on mortgage?

and are you getting divorced?

Customer: replied 18 days ago.
5 years in total
No written areement just verbal
Joint mortgage
Divorce is still pending
Expert:  F E Smith replied 18 days ago.

This house is joint names with her, the news is not good. In fact the news is extremely bad.

If 2 people own a property are not married and there are no children and there is no agreement to the contrary as to what will happen when the property gets sold, then it is split 50-50. It doesn’t matter what each person puts in by way of deposit and what each person puts in over the period of ownership, it split 50-50. It does not matter that one of them pays all the mortgage and puts all the deposit in and the other one sits by and does nothing but drink tea, it is split 50-50.

The courts have decided that if a couple are buying a property together they would have an agreement if they were putting different amounts of money in and wanted money out in proportion. They would safeguard their “asset” by putting it in writing.

Relevant case law is Kernott v Jones.

I will say that I don’t agree with this decision but I don’t make the law, I just regurgitate it. The case does go on to say that if the couple were living in the property and one party moves out, then any contributions to the capital or fabric or improvements of the property, after that person moved out but which were made by the one remaining, will be taken into account with the final division of assets from a sale of the property.

What the case law goes on to say is that any contributions to capital (not interest) and any maintenance or payment towards the property other than the mortgage, after a couple split up will be taken into account in the division of the assets. The reason it all isn’t taken into account is that if you have the benefit of living in the property then you have the burden of paying the mortgage.

Not relative to the case law but if either party wants the property sold, then the reluctant non-sale wishing party can be taken to court for an order for sale under the Trusts of Land Appointment of Trustees Act s14 and they would usually get the order against the reluctant seller and get caught and solicitors costs also awarded against the reluctant seller. If anyone ever threatens to apply to court for an order for sale, my advice to the other party is to get the estate agents sign up straightaway.

Meanwhile, a person is not responsible for the mortgage or the bills of a house that they do not live in although they remain liable to the lender if the other co-owner stays in the property but doesn’t pay.

 

 

It doesn’t matter that you are still married.

I’m sorry, I know it’s not the answer you wanted. As I have already said, I don’t agree with the decision but I do not make the law, I just regurgitate it.

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES