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Partnership seperation

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  • Partnership seperation

    Hi

    Some advice would be great please.

    Daughter in a 7 year relationship with partner.

    They own a house between them (both names on mortgage).

    House is being sold, but until it is the Daughter wants to leave as relationship has now completely broken down.

    Daughter is worried that if she leaves she will not be entitled to her half of sale proceeds once sold.

    Is this correct?
    Tags: None

  • #2
    It really depends on how the hose is owned. A property can be owned individually with both on the mortgage, but that would mean that the sale proceeds belong to that person. If the house were owned jointly or as tenants in common, then they share. So who's name is the house registered in?

    If there is a possibility of doubt, a brief word with solicitors can usually be had on a no fee basis to obtain advice. The mortgage lenders will know who owns the house if your daughter does not.

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    • #3
      Each case is different. Naturally, it is very important which spouse owns the house. In a divorce, the property is usually divided equally. If you are concerned about the income from the sale of a house, then do not rush to file for divorce, but file documents with the court for separation https://temeculadivorce.com/area/legal-separation-california/. This method is often practiced in legal practice, as in some cases, it is considered more effective than separation. Sometimes, legal separation is an appropriate way to protect one spouse from being financially responsible for the other spouse’s debts.

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