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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My daughter bought a house with her boyfriend a year ago.

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My daughter bought a house with her boyfriend a year ago. They have split all finances equally apart she has painted the house throughout on her own. They are splitting up now and he has said he will take on the mortgage she can have her deposit but is not entitled to the money she has paid towards the house. Is this so?.if they had bought it 10 years ago surely she would have been entitled to 10 years of payment. Please advise

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

- Are they in England or Wales?

-Is the title of the property in joint names between them, if so is it as joint tenants or tenants in common?

Customer: replied 1 year ago.
It is in England and is in joint names on the mortgage joint tenants I think ( but am not sure of the difference)

Thanks for confirming. As they are not married, and as long as the title is in joint names, they are both on legally entitled to a share of the proceeds of sale in accordance with how they hold the title. Therefore, if it is joint tenants or tenants in common in equal shares, they are both only entitled to 50% each unless there is a formal agreement or either of them can prove there was another intention to differ from this.

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.

Customer: replied 1 year ago.
They are not selling the house he wants to take over the mortgage and pay her the deposit she paid but says she is not entitled to the money she paid towards the mortgage.

Even if he wishes to buy out her share she is legally entitled to a share of the proceeds in accordance with how she holds the title.

Therefore to buy her out she needs to find out what the value of the property is now, then minus the outstanding mortgage and costs of sale (usually 2.5-3.5%) and divide by 2 if they equally own the property.

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Customer: replied 1 year ago.
Is that the way it has to be done? He can't just pay her her deposit and money she had paid?
Customer: replied 1 year ago.
I feel it is very cheeky to ask for more money when the first question had not been fully answered. As I was trying to seek out the answer I felt all you wanted to do was take more money off me

Apologies that you feel that, however, the answer was initially provided and there is not much else information that can be given. They are both not married and the title is in joint names, therefore your daughter is legally entitled to a share of the equity in accordance with her share of the title.

If they agree for her to be repaid the deposit and her contributions then such an agreement can be reached between them. However, a court will not agree that this is reasonable as the terms of the mortgage could be that it is interest only and therefore the contributions they have been making do not add value to the property and a court will not consider that this contribution should be compensated.

Again, she is entitled to a share of the equity in accordance with how she holds the title.

Customer: replied 1 year ago.
Thank you I now fully comprehend the legal aspects of this situation

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris