Your partner really needs to take better legal advice or take legal advice if he hasn’t done.
I’m afraid that he couldn’t be further than the truth.
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.
So in summary, I’m pleased to tell you that it doesn’t matter if your ex-partner paid everything and you sat at home drinking tea and paid nothing, proceeds are now split 50-50.
You are also correct that the solicitors and estate agents cost to sell the house, off the top line and everything else after the payment of the mortgage is split 50-50.
You might want to show him this answer and you might want to suggest that you take legal advice as you have done.
The ironic thing is that if he hadn’t been so greedy, you would have probably settled for far less than 50%.
Incidentally, is GBP20,000 isn’t ring fenced. Everything goes into the pot and its then split 50-50. As a said, it doesn’t matter that you put nothing in, get 50-50 out.
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