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Harris, Law Specialist
Category: Property Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am separated from Mª ex partner who is living in the house

Customer Question

I am separated from Mª ex partner who is living in the house we both own jointly with my daughter. I have been renting for a year now. I provided 110000£ as a deposit to buy our 405000£ then home. My house is now evaluated at 600000 to 650000£.
Would I be able to ask for the two third of the paid for amount of the property?
What would be the best way to obtain the maximum amount of money?
Many thank
Anne Bernard
Submitted: 1 year ago.
Category: Property Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. Just a bit more information required to fully assist you:

-Are/were you married to each other?

-Is the property held as joint tenants or tenants in common, if the latter in what shares?

-Are there any formal agreements or deeds of trust between you regarding your contributions?

-How much did he contribute towards the deposit?

Customer: replied 1 year ago.
Hello Harris,
We were not married and I think it is a joint tenants agreements I have. I don't think there are any agreements.He didn't contribute to anything at all, he has been paying the mortgage foe the past 4 years and with the last statement of the bank we still owe 247 000£.
Customer: replied 1 year ago.
Harris, I was waiting from an answer but I guess it will just not come!
Thanks for nor much really...
Expert:  Harris replied 1 year ago.

Sorry for the delay in responding, I have been away from my computer.

As you are not married the legal position is that you are each only entitled to a share of the equity in accordance with how title is held. So if it is as joint tenants you are both entitled to an equal share of the equity despite your full contribution to the deposit.

If you are able to demonstrate that there was an intention that you would be compensated or obtain a greater share of the property and this agreement cannot be reached between you, then you will need to apply to your county court for an order.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for your question without a positive rating. Thank you