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Separation advice please

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  • Separation advice please

    Hello,

    I really need some help and advice if possible, please.

    Me and my partner of 17 years are splitting up, it’s been on the cards for many years but now it’s come to a head.

    We are not married nor have children.

    We have a joint mortgage together and have had it 11 years, this is where it gets a little tricky.
    Initially we paid 50/50 but for the past 6 years I have paid everything - bills, mortgage, food, pet bills, the lot. These payments over the 6 years have equated to circa 100k.
    As well as paying all the above, I have also been paying my partner 420 - 450 per month as “pocket money” and as a kind of wage for doing the housework etc this is circa 31k.

    I would like to keep the house and buy her out but what would it cost? Am I entitled to more of the value as I’ve paid considerably more? Does the mortgage get deducted and then split 50/50?

    I’ve tried to look it up but it seems a bit of a minefield and no clear answer.

    Can anyone offer any advice?

    Thank you
    Tags: None

  • #2
    Family Law is not my strong point, but from what you have said it very much sounds like it will end up being a 50/50 split of the value of the house not the equity.

    The reason is that while you have been working your partner has kept the running of the home during the last six years and contributed (presumably) prior to that time, enabling you to work and therefore they have contributed to you as a couple being able to purchase the property.

    They would strengthen that argument with the fact that you paid them 'pocket money' which they would say was in fact a 'wage' for their contribution to enabling your employment.

    Someone who knows more than I may very well contradict this, as I said Family Law is not my forte.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

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    • #3
      Thank you for your reply JAGUARSUK.

      can you explain what you mean by value if the house and not the equity?

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      • #4
        The value is the value of the property and equity is the difference between the mortgage value and the value of the house.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          "I’ve tried to look it up but it seems a bit of a minefield and no clear answer."
          Correct. Each case comes on its own
          A court would be looking at the intention of the parties.
          The big question is whether you hold the land as joint tenants or as tenants in common.

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