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Is there a mortgage on the property?
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The usual position is for their to be an equal split in the equity in the property. So in theory, it would be an automatic presumption that it would be 37.5 equally between the parties.however, you may ask the court to consider other factors in your favour, such as your contribution to the acquisition of the property, whether you were the one who paid the mortgage payments etc. so this would increase your share. you could therefore ask for a share depends on the different factors anywhere between 37.5 to 60k. It is highly unlikely that you would be awarded the full 75k.
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I misunderstood you earlier. I thought the value of the house was 75k. It is not unreasonable for you to ask for half in addition to the initial investment. I must be candid in saying however that this if you were to go to court, there may be other factors that may be taken into account that would affect whether you would get the full 25k. For example, your partner could speak to contributions they too have made whether it be financial or otherwise. I recommend therefore that while you may ask for the initial investment back, it is not unheard of for persons to be willing to be flexible. For example you could ask for half of the interest in the house in addition to say 15k to reflect your initial investment,
Yes it would not be unfair for you to make such a claim. You would however have to be prepared to be flexible, in that, you have to balance the litigation cost of holding out for 71% as against agreeing to say for example 65%. If she decides not to agree to 71. You would have to say how much you would have to pay the solicitors to take this matter to court.
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