Property and equity advice after separation

[Steele1983]

Hi

i asked something similar a while ago but never really got to the bottom of it and am still in the situation.

My partner and I have separated, I ended the relationship and because there are children involved (two hers and a third ours) I moved out.

We are unmarried, have a joint mortgage and are joint tenants on our house with approximately £100k of equity.

She’s decided through work circumstances that selling is now a discussion she wants to have and I’ve been asked what percentage I want/am expecting.

So she brought around £20k of equity to the purchase process and was a contribution to our deposit. Without calculating and checking statements at this point I contributed around £10-15k in stamp duty and cash to complete the sale. Given we’re joint tenants and the £20k of my partners cash isn’t stipulated it’s my understanding that in effect it’s not just joint equity - however I’m not interested in trying to take that approach so I suggested - we recognise her £20k equity as hers and the money I put in as mine (rather than saying 50/50 which I felt was to her benefit obviously) then after early settlement fees and conveyancing costs etc what remains should be split.

She’s rejected this and is insisting she’ll get a solicitor who will push for 70% for her and recognise her £20k separately because there are children involved.

Being unmarried and the circumstances mentioned above is this actually the case? Am I going to lose out by trying to defend my position? I’m not trying to take what’s not mine but I feel 30% is somewhat low given my costs at the outset and almost five years of paying the mortgage and upkeep etc. We’re not talking small amounts of money here and 50/50 would mean we can both make a reasonable attempt to start again. Whereas 30% in my favour is unlikely to do that.

Can anyone advise of the reality or their experiences ?

Thanks

[Sam101]

Importantly, what is to happen with the children and how long have you been together Two very important issues?

Although one of you may have put in more that the other, I expect you both agreed to jointly buy the house and live together, contributing what you both could by way of income as well as building the family unit. That is how the law often looks at matters like this. It is always better to come to an agreement if you can without legal battles. The only real winner are the solicitors with the fees for their expertise.

I have no experience myself, having been married almost 60 years with a few ups and downs, but would guide you to try and agree matters for the sake of the children.