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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 13832
Experience:  Senior Associate Solicitor
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I hope you are having a nice day. I live in Shaftesbury my

This answer was rated:

Hi Pearl i hope you are having a nice day.
JA: Where are you? It matters because laws vary by location.
Customer: I live in Shaftesbury my partner and I are selling our house abs going our separate ways
JA: What steps have you taken so far?
Customer: The house is sold subject to contract, we have a little boy together and she also has another son.
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 were discussing splitting things when she mentioned that as she put down the deposit for the house she wanted to take this before we divide any equity left in the house. We purchased the house as joint tenants, am I entitled to half of everything?
Customer: replied 6 days ago.
What are my legal rights?
Customer: replied 6 days ago.
Is there any particular advice you recommend I follow.
Customer: replied 6 days ago.
Are there any loopholes I could be potentially unaware of?

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Yes, so the default position is you are entitled to 50% of the equity in the property.
Unless there is something in writing to say otherwise. Your ex could ask for more than 50% only if they can prove they put more money in to the property, such as the deposit, extra mortgage payments, any substantial capital expenditure such as significant home improvements. Not bills though - they are not counted. So you could ask that they take their deposit and after that, you get 50% back after costs for the sale. That is the position in law, when you own the property together as joint tenants.

If your ex partner causes any problems, a law firm may be required. The sale proceeds should be retained by the lawyers handling the conveyancing until the dispute is resolved. Here are a few firms who could assist if you need them :

  1. https://www.samconveyancing.co.uk/news/conveyancing/can-i-force-the-sale-of-a-jointly-owned-property-6179
  2. https://www.myconveyancingspecialist.com/2020/02/18/can-i-force-the-sale-of-a-jointly-owned-property/
  3. https://www.diemlegal.co.uk/court-order-force-sale-joint-property/

Finally, you should ensure 3 estate agency valuations are obtained, so you know the average market price for the property and to then work out your share.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 6 days ago.
I am not entitled to have of the deposit? I read somewhere that I am entitled half of all?

You are entitled to half of the equity as it currently stands, yes. Unless they apply to the court for an order that they get more as they have paid the deposit. Unless you are married to them you are not entitled to half their deposit, no.

As I say, you both own it 50/50 - if you disagree about the deposit she would need to apply to the court for recognition of her deposit so she ends up with more. Which could be expensive for her (to apply to the court)

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