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plclegal, Barrister
Category: Law
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Experience:  Barrister at law
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I have separated from my partner and trying to figure out

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I have separated from my partner and trying to figure out how to divide the equity the house in order to buy her out. We have a tenancy in common and no legal agreement. In the first 8 years of paying off the mortgage I have solely paid the mortgage for approximately 7 years. How do I calculate a fair split of equity?
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: only talking to each other and contacting mortgage provider. They are sending out forms to complete
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have two small children 5 and 7

Hello, my name is*****’ll do my best to assist you today and I’m sorry that you are going through this. I appreciate that is is important that you find a resolution as soon as possible.

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Are you 50/50 on the tenancy in common agreement?

Did you both contribute equally towards the deposit?

What is the house worth and is there an existing mortgage - if so, how much remains on the mortgage?

Customer: replied 1 month ago.
In common. I think it was fairly equal in the deposit, but I am not 100% on that. House value approximately £540K, yes there is an existing mortgage with £192K outstanding.

​Thank you.

With no trust declaration in place, then you don't have anything legally to protect any additional payments that you have made towards the mortgage.

However, it may be possible to imply or declare a trust after the event, if needed.

It should hopefully not come to this.

As to what is a reasonable buyout, start with the equity at 50% each, then make any deductions you feel are fair in the circumstances, if you have contributed more over time. Be realistic, also note that if your co-owner contributed towards or paid for other joint expenses outside of the mortgage then this may counterbalance any argument you make for a larger than 50% share. Of course if one person worked/ contributed less to enable them to stay at home looking after children, then penalising them for this in terms of a lower equity share would be unfair.

You are at the negotiation stage, so try to be reasonable and agree a sum that allows you both to proceed with your lives moving forward.

I hope that this helps.

Do remember that I can only give you my opinion.

Another lawyer may have a different opinion. If there was a black-and-white answer to every legal problem there would be no need for anything to ever proceed to court!

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For PLCLEGAL only”.

That only applies to new threads, not this one. You have me exclusively on this one.

Thank you.

Take care and stay safe.

Customer: replied 1 month ago.
Hi, thanks that is very helpful. When it comes to deductions I feel are fair, in the last 7 years I have solely paid the mortgage along with pretty much all other household bills. My ex-partner was providing childcare outside of pre-school and school, however once she had a part-time job she still did not contribute to the household. I should also say that our separation took place in January 2020. My ex is still living in the residence 4 nights a week and in the last 14 months continued to not contribute to the mortgage or running costs. Would it be fair to reduce her percentage share based on the above? I'm not sure that it matters, but I have also been very much involved in the children's lives and done more than my share of household chores (e.g. I have pretty much done all washing and drying of clothes) as well as DIY and gardening. It just feels that I have put in the vast majority of the financial support as well as more than my share of day-to-day household management. Am I being unreasonable?
Customer: replied 1 month ago.
In relation to the above - is it worth my time and effort to work out the exact split of the deposit, mortgage payments made and cost of other contributions I have made such as household bills etc.?

It's perhaps worth working out deposit and mortgage contributions, for the purposes of negotiations. Household bills and other expenses do not come into the equation though, normally.

I hope that this clarifies things for you.

Thank you for your enquiry today. I am happy to answer follow-up questions - please do get in touch with requests for extra information or further queries and I will do my best to help you.

plclegal and other Law Specialists are ready to help you

Thank you again for visiting JustAnswer, please do let me know if you have any additional questions in the future. I am also happy to answer any new questions on other topics that you may have, you can request me by putting “for PLCLEGAL” at the start of the new thread. Best wishes, Peter