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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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Myself and my partner (non marriage) are separating. We have

Customer Question

Myself and my partner (non marriage) are separating. We have purchased a property together and paid 50/50 for everything including deposit and rent (its a part rent part buy property) The mortgage is in his name but i am named on the tenancy agreement.
The property value has since increased meaning there is a lot of equity in the property. I want to now my legal standpoint on what i am entitled to, i will obviously need to find a new home to live in in the locality for my work.
Thank you
Lee Redpath
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I also have evidence of payment of 50% of the deposit and monthly payments for mortgage. As well as paying for all items in the house .
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Is there a deed of trust in place, or any formal agreements?

Why was your name not put on the property?

Customer: replied 1 year ago.
Hi Harris,neither on that front. The property was not in my name at the start as i had bad credit at the time. We had always agreed that we would purchase a second property and eventually be on both mortgages.We have purchased a second property which is in my name, but it's 300 miles from where we live now and if sold would only generate the deposit paid in way of 'profit' The money used to purchase this was both of ours.I am willing to sell this and split the difference as this is what was agreed.
Expert:  Harris replied 1 year ago.

Thanks for confirming. Firstly, the legal interest in the property is for the person who holds the title. If there is no agreement between you on the division of it, then you will need to apply to court and the court will consider your intentions and whether you should be compensated for your contribution. Usually, if a person is making a contribution to the purchase but is not on the title, for whatever reason, a deed of trust is drawn up to reflect this and make the process of dealing with division in the future - but in your case you will need to demonstrate that there was an intention that you would be compensated for your contributions.

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

Expert:  Harris replied 1 year ago.

Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating. You will not be charged for providing a rating.