sale of house?

Question

my ex partner and i have split up , we bought a house together, i put a large deposit down , we are both on the mortgage and title deeds, if we sell the house , is she entitled to half of the equity ?

Answer 1

probably

if you get a good lawyer he should be able to point out that the deposit was paid out of assets you owned before joining up with her.


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Answer 2

I would imagine that the answer is yes. If the purchase was completed as 'joint tenancy', you will both have 50% shares. If completed in 'tenancy in common', you will have set out individually agreed shares at the outset, i.e. 40/60 say. I suspect though that your purchase was a joint tenancy as you probably never imagined a day when you would split up. If you can discuss with your ex a reasonable split in your favour ( having due regard for your larger deposit ) and agree on the same, then that is one way you can recover a higher proportion assuming that you were the major investor. Otherwise you will just have to accept that this will be a 50/50 split. Of course, if you have children involved, the odds will be stacked against you! Good luck

Answer 3

Let me answer this question with another one. What makes you think she wouldnt be? If you didnt have a contract that stated otherwise, she is an equal owner and is entitled to half the equity. Since I dont have the numbers here, I cant tell you how that could be adjusted if she is willing to credit you for the DP. But title is the determining factor absent anything in writing to the contrary. Of course, if she isnt willing to credit you the DP, you could sue for partition seeking credit for your deposit, but by the time you finish doing that, you'd probably spend it in attorney fees.

There are other factors to consider. Where you live. The type of tenancy (ownership...joint, tenants in common) etc. But as a general rule, she's in for half.

Answer 4

Try to sort it out between you ..

If you put down the deposit, you should suggest that you are entitled to that back. As for the rest of the equity, the 'fairest' way (and to avoid argument) would be to split it 50/50.

Try to avoid arguing via Solicitors = they will only make things worse - paying Solicitors fees will only reduce the amount of money left for each of you.

Answer 5

Unless you have a contract stating otherwise. She is entitled to half of the sale price.Since she is on the deed, you cannot sell it without her permission. All transactions must include her signature. To recover your downpayment on the house you will either have to have an agreement with her in writing, or be able to prove that you used your money in a small claims court. I believe that you have a case as long as you can prove that the downpayment money was yours solely and was not a gift to her in any way.

Answer 6

It can be decided peacefully among the two of you in any way you like. If it CAN'T be done as such, then a court would probably decide you were both gtting half if both of you paid half of the mortgage.

Who paid the mortgage?

Answer 7

yes as you're both on the deeds, she's entitled to make a claim on half. sorry hun xx

Answer 8

if your both sensible and level headed and the breakup is not bitter then work it out between yourselves you can do it and save yourselves a LOT of money Good Luck hope you can do it and try to part friends you might need the help of each other at some later date

Answer 9

The property is in joint names so she is entitled to half.

Answer 10

did you have agreement how to share the sum, usually the property and assets are divided between the partners if they spilt up