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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 10441
Experience:  Senior Associate Solicitor
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We are purchasing a property as husband and wife and as

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We are purchasing a property as husband and wife and as tenants in common as I am putting in 100,000 pounds and my husband isn’t putting anything into the property initially.
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: We have a solicitor and we are working on our papers but need to work our what percentage I will get back of the house vs him, because he is not putting anything into it upfront. If we sold the house, we need to work out what we both get back:
Assistant: Where is the house located?
Customer: I would get the 100,000 plus interest, and a divide of the overall sale. But what would be get? How do we work out the tenants in common shares for our situation
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: sale Uk
Customer: replied 6 months ago.
The house is on the market for 325,000
Customer: replied 6 months ago.
I am paying the deposit in full of 100k, but he will be paying the most of the mortgage at first. However I will be contributing to the home and our son. And also paying bills etc

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

What you say is correct if you were unmarried - mainly because married couples have more rights and the court can depart from the "£100K to you versus nothing to him" situation if he is much worse off than you, or you have more assets than him (and lots of other factors).

If you sold the house then assuming your husband agrees, you can get the £100K back - this assumes he is not obstructive though. It would help to have an agreement drawn up. As it stands, you get back half of any equity in the house - he may suggest the £100K is matrimonial money used for the benefit of the marriage (hence he may have a right to it).

Like I say, even if you have some agreement drawn up, the family court can depart from that agreement. Yes, your contribution of £100K would be taken in to account but so would lots of other factors.

If you did split up or divorce and ask the court for a financial order, the court will consider the factors contained within Section 25 of the Matrimonial Causes Act 1973 when it assesses a financial settlement.

Therefore your ages, length of marriage, any children under 18, your earnings and earning potential (same for your husband), the assets including the former matrimonial home and pensions if applicable, any debts, financial and non-financial contributions to the marriage (e.g. £100K deposit), your standard of living enjoyed before the marriage breakdown, your financial needs in future and your housing needs, and so on.

The starting point is 50% but if there is a disparity in earnings or you have paid more in the way of deposit etc, you can ask for more than 50% of the former matrimonial home.

I hope this helps – if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

JimLawyer and other Property Law Specialists are ready to help you
Customer: replied 6 months ago.
Thanks again Jim. Appreciate your advice

No problem, thank you for the question and for using the site.

Have a good day.

Jim