Cheating partner taking more than fair share...

[Wollinsky12]

So, I’ve got a friend…

Let’s call her Jane. She was awarded a significant sum of money from a legal case in 2016/17. In 2017, she used that money to purchase a house. The house was bought outright and then refurbished. 100% of the costs came from her compensation. She named her partner (unmarried) on the mortgage (lets call him Peter) but at the time, unbeknown to her, he was being unfaithful. In 2019 Jane learnt of Peters infidelity and they separated. Peter left the house and never returned. Peter is now demanding 50% of the value of the property and threatening legal action.

Supplementary information that may be relevant:

The amount awarded in Janes legal case, was in part, due to her inability to work full time as a consequence of the incident. Living mortgage free enables this. If Peter was able to successfully claim 50% of the house value, it would leave Jane in a state of financial hardship, from which she would be unable to recover.

Questions

- Does Peter really have a 50% entitlement based just on the fact that Jane named him on the mortgage?
- Jane wants to sell the property, move house and start a new life. What steps would you recommend she take (that dont involve giving half of it away)?

[islandgirl]

Law degree question?

[des8]

Could you please explain how if Jane is mortgage free she has a mortgage jointly with Peter?
Or do you mean he is named on the Land Registry proprietorship Register?

If the latter are they holding the property as joint tenants or tenants in common?

[EnglandPi]

Wollinsky12 Seems you need help with your homework?

[Wollinsky12]

Law degree question?

No, this is a real scienario. I've just written it this way for simplicity.

[Wollinsky12]

Could you please explain how if Jane is mortgage free she has a mortgage jointly with Peter?
Or do you mean he is named on the Land Registry proprietorship Register?

If the latter are they holding the property as joint tenants or tenants in common?

Apologies, I've said mortgage when I should have said tenancy agreement. So he was named as a joint tenancy holder when she bought the house.

[EnglandPi]

Apologies, I've said mortgage when I should have said tenancy agreement. So he was named as a joint tenancy holder when she bought the house.

Now you have totally confused the issue because you obviously don’t know the difference between joint tenants or tenants in common and a tenancy agreement?

[ostell]

So is it tenants in common or joint tenants?

Not that it matters. As she bought the house without any assistance from him then I don't think there is any chance of him getting 50% of the house. May get some but after 2 years will not be a lot.

[Wollinsky12]

Now you have totally confused the issue because you obviously don’t know the difference between joint tenants or tenants in common and a tenancy agreement?

I don’t.. and I hope this proves this is clearly not an exam question. What I’m trying to say is – they bought the house as joint tenants, not tenants in common.

[Wollinsky12]

For some reason I'm unable to edit my original post - here is the edit with detail corrections...
__________________________________________________ _________________________

So, I’ve got a friend…

Let’s call her Jane. She was awarded a significant sum of money from a legal case in 2016/17. In 2017, she used that money to purchase a house. The house was bought outright and then refurbished. 100% of the costs came from her compensation. She allowed her then partner to be named as the joint tenant (let’s call him Peter) but at the time, unbeknown to her, he was being unfaithful. In 2019 Jane learnt of Peters infidelity and they separated. Peter is now demanding 50% of the value of the property and threatening legal action – based purely on the fact that he’s named on the joint tenancy. He contributed nothing to the purchase.

Supplementary information that may be relevant:

The amount awarded in Janes legal case, was in part, due to her inability to work full time as a consequence of the incident. Living mortgage free enables this. If Peter was able to successfully claim 50% of the house value, it would leave Jane in a state of financial hardship, from which she would be unable to recover.

Questions

- Does Peter really have a 50% entitlement based just on the fact that Jane allowed him to be named as the joint tenant?
- Jane wants to sell the property, move house and start a new life. What steps would you recommend she take?

One final thing…

Some people have pointed out this seems like some kind of exam question I need help with. I’ve simplified it this way for easy reading and can assure you that (aside from their names) this situation is 100% real. I’m trying to obtain some straight facts before investing in legal services, mainly to help reduce Janes anxiety from the barrage of threats coming in from him about this, now on a daily basis.

[islandgirl]

Apologies if this is not an exam question - it certainly reads like the ones my son does (who is a law student!). Perhaps that is a compliment to the way you have written it? Anyway you say partner - is it the case that they are not married / civil partners?

[Wollinsky12]

Apologies if this is not an exam question - it certainly reads like the ones my son does (who is a law student!). Perhaps that is a compliment to the way you have written it? Anyway you say partner - is it the case that they are not married / civil partners?

Correct - not married. As in BF GF. No civil partnership.

[des8]

As the house is held as joint tenants, the first thing to do is break that so that they hold it as tenants in common.

This done quite simply ;https://www.gov.uk/joint-property-ow...ants-in-common

Then if they can't agree on how to divide the property, she may terminate her tenancy in common by seeking judicial partition of the property. .

If she has to seek judicial partition she may need professional advice