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SASH_Law, Lawyer
Category: Law
Satisfied Customers: 3287
Experience:  LLB (Hons)
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I’m after some advise I’m going through a separation I have

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Hi I’m after some advise I’m going through a separation I have a joint mortgage but she has never paid a penny of the mortgage or bills where do I stand when splitting up the money? I have paid the deposit of 50k from the sale of my old property which was a sole mortgage

Good evening to you, I'm Lea and I am going to assist you today.

Did you have a deed of trust to protect your deposit in the event of a split?

Are you married?

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Customer: replied 7 days ago.
No we didn’t and no we are not married

In that case the starting point is a 50/50 split of any equity. If the matter ended up in court, you might be able to persuade the court that you paid for everything and therefore should be entitled to a larger share, but usually the legal costs element prevent most people from going down this route as it is likely to swallow up any benefit you may (and it is only 'may') get from asking the court to decide.

You can, of course, negotiate a different settlement between the two of you.

Customer: replied 7 days ago.
It will have to go through the courts as she is demanding silly money I have a voice recording of her agreeing to 30k but I said I would give her 35k does this have any sway or meaning

No, none at all unless it is an agreement in writing.

Customer: replied 7 days ago.
Ah ok thanks

I do caution you on taking legal action however - if the sums are as little as £30k, you could very easily find that is eaten up in legal fees...and the loser will likely pay the other party's legal costs too.

Customer: replied 7 days ago.
I’m not bothered by what it will cost to be honest

That choice is always yours.

Customer: replied 7 days ago.
Thanks for your help

You're very welcome.

Customer: replied 7 days ago.
If I’m honest I think the laws are ridiculous as I’ve paid everything and she gets half of ig

Yes, it's not easy in your circumstances. But the law does provide for you to anticipate this with a deed of trust.

Customer: replied 7 days ago.
Ok I never knew this

Something to remember for the future.

Customer: replied 7 days ago.
very much so

Take care.

All the best to you.

Customer: replied 7 days ago.
Another quick question I bought a car the invoice is in my name but the log book in hers and she refuses to sign the logbook over where do I stand on that

I'm afraid that isn't my area of law, you'll need to post it in a new thread.

Customer: replied 7 days ago.

Thank you for using Just Answer.

All the best.

Customer: replied 6 days ago.


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Customer: replied 6 days ago.