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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10817
Experience:  I have been practising for 30 years.
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My partner moved in with me 2yrs ago. I had to sign the

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Hi. My partner moved in with me 2yrs ago. I had to sign the deeds jointly with him so we could remortgage the house in order to pay my ex husband out. Now I want to split with him is he legally entitled to half the house or do they consider other things like kids and how much he paid in? Cos he paid in nothing apart from helping with monthly mortgage payments . Regards Linda

Hello for clarification - if you have children by him how old are they?

and it total how long have you been a couple?

Customer: replied 5 months ago.
No I have no children by him. We been a couple for 3 years
Customer: replied 5 months ago.
I have 2 children from my previous marriage and he has 1 from a previous relationship

If a house is in joint names and there is no agreement to the contrary as to what will happen when the property eventually gets sold, then it doesn’t matter what each party puts in either as deposit or during the course of the cohabitation,, the proceeds are split 50-50. There is case law on that Kernott v Jones.

I think the decision is unfair but that’s what’s been decided.

However if there are children involved under 18, you are both under a duty to provide a home for dependent children until they reach 18 and therefore the resident parent who the children live with, will usually be able to hang onto the house until the youngest child reaches 18. Whether you could do that or he could do it in respect of children from a previous relationship would really depend on whether it was purchased as a home for those children or not. As you have children and he has children from previous relationships, then it would depend on whether they were all living with you both in which case the house is likely to be sold or if it was bought as a home for you and your children you may be able to hang onto it. Please note, your partner and your children have to be playing happy families and intending to live together as a family unit and it be purchased as a genuine “family home” for that to apply rather than you simply having two children that live with you.

Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

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

Best wishes.


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Customer: replied 5 months ago.
Thank you. That just about answers it I think. We will have to sell and split it. Theres definitely no way around it?