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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 3620
Experience:  Barrister at law
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I have a question about separating from a partner with whom

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I have a question about separating from a partner with whom I have joint ownership of a house (unsure if Joint tenants or Tenants in common, but i remember writing 50;50 somewhere when buying the house) and if the other party can claim a greater percentage of the sale if having paid more deposit.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have not and England,
JA: What steps have you taken so far?
Customer: I have spoken to a family lawyer but not about the house.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is ***** ***** I’ll do my best to assist you today.

I'm just reviewing your question.

Customer: replied 4 days ago.
If the other party can claim that they paid more and is therefore claiming that they are owed more. Will this be through the court? Can I counter calim that I have made up for the lesser deposit by being the sole income earner for the family since the purchase of the house?

Is there a trust deed drawn up at the time of purchase that sets out the deposit amounts?

Customer: replied 4 days ago.
I cannot remember, is there a way to find this information?
Customer: replied 4 days ago.
If a trust deed is something added in addition to a regular purchase, then no, I do not recall one being drawn up

Ok. It's not likely that there is one in that case.

If there is no trust deed, then in law you are both equal owners, and the deposit amounts are not relevant.

What is the difference in the amounts put in, in real terms?

Customer: replied 4 days ago.
Approximately 60k vs 20k

OK. So you have the legal position. In the same way that your greater contributions during the relationship do not give you a right to a greater share, neither does his greater deposit - you are joint owners and in the first instance each entitled to 50% of the proceeds of sale.

I hope this clarifies the point.

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (at the top right of your screen), I'll be credited for my time spent responding to your question.

Kind regards,

Peter

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