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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10816
Experience:  I have been practising for 30 years.
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My partner and I bought a house 5 years ago and she left 3

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My partner and I bought a house 5 years ago and she left 3 months after I have been paying mortgage on my own for the duration and I'm now ready to sell I'm curious as to what she is entitled to is it 50 % of deposit or equity I'm unsure any help appreciated just to clarify she hasn't contributed in any way in the last 5 years

Hello for clarification - who's name is ***** ***** deeds/mortgage?

you were not married?

so she moved out 3 months after the house was bought?

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Customer: replied 5 months ago.
Both names are ***** ***** deeds we were not married and yes she moved out 3 months after house was bought (we split up )

Confirming what I said when we spoke. The relevant case law is Kernott v Jones and if you Google it, you will come up with lots of reading.

The situation is quite simply that of there is no agreement to the contrary as to what will happen when a property is eventually sold, then regardless of what each person puts in its split 50-50. It’s different of people are married.

It’s also different if there are dependent children.

If the property is sold immediately when the couple split up, then that’s the situation.

If however one person remains in residence in the properties sold some years later, the contributions made by the resident party are still taken into account and in particular in respect of improvements and capital repayment on the mortgage.