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separated from partner

  • vin278
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18 Jan 11 #246112 by vin278
Topic started by vin278
hi,
i have just separated from my partner. around 2 months ago she disappeared after another argument over her son and his bad ways. after 5 days of no contact and wanting to split from this unhappy union, i packed all her bags and told her they were ready for collection(by text)i did this in fear of my possesions and potential damage to the property by a pssible reaction from her unstable son (he is 23 )i took out the mortgage in 1995 (value then 35k) met her and she moved in in nov of 2002. i contributed most of the finances towards the house and often supported her son too and was rewarded by items of mine stolen and damaged and 2 cars written off by him. i have offered her 10k. she has refused and appointed a solicitor.saying that she has been advised she is entitled to much more. when we moved in 2007 i put her in joint names on the mortgage. i have worked out that she has financially contributed around 15 % towards the upkeep of the house while i have also financed all holidays.the outstanding balance on the mortgage is around 25k. i have today had the house valued at 80k. should i have to pay more than this i will have to sell as i will not be able to afford the repayments on a remortgage if i was able to get one. what is the likely amount i would have to pay to her please?

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19 Jan 11 #246205 by TBagpuss
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If the house is in joint names, then the presumption is that you each own 50%, unless you have a declaration of trust specifying a different percentage split.

So if the proerty is worth £80,000 and the the mortgage is £25,000 she is entitled to abotu £27,500 (half the equity)

It is reasonable to allwo a small amont for notional costs of sale (or actual coats if the hosue is sold) so a figure of around £26,500 to £27,000.

If at the time yuou moved, you hd any discussions or any agreement about what share each of you has in the property then, provided that you can prove that, she would be entitled to the proportion of the equity which you agreed at that time.

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19 Jan 11 #246340 by vin278
Reply from vin278
even though i lived on my own for the first 7 years of my mortgage?

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19 Jan 11 #246350 by rasher
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I give you the closing statement of the wedding vows as quoted in wikipedia:

Then, as the groom places the ring on the brides finger, he says the following:

With this Ring I thee wed, with my body I thee worship, and with all my worldly goods I thee endow: In the name of the Father, and of the Son, and of the Holy Ghost. Amen.


Amen indeed or should that read eh? men!

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19 Jan 11 #246352 by vin278
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we wasnt married....

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19 Jan 11 #246354 by rasher
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Well there is a small silver lining, you wont have the divorce costs to stump up. I understood things weren't as 50:50 on co-habitation but I may be wrong there, its this issue of proving when assets gained their most that is of interest - ie if the house had lost money would she be fighting to take a cut of the negative equity (dont answer that!). When you say you put her name on the mortgage did you also put it on the deeds? If only the mortgage one may be in luck ....

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19 Jan 11 #246360 by vin278
Reply from vin278
not sure of that!thanks..

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