Who owns the house?

Jon12345

Jon12345

Jon12345

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I have a friend who is married but her partner left the main property since they separated. She put in most of the deposit and paid most of the mortgage payments while they were living together for 8 months. She is also paying the mortgage payments for the last year since they separated.

Is he entitled to part of the house if she sells it? How much?

Thanks,

Jon
 
if she can prove she's made the majority of payments on the house, then she'd get the higher percentage when selling methinks
 
Speak to a solicitor.

As far as I understand it, if she has proof of what proportions each party has put in, like if she can prove she paid 90% and he only paid 10%, she should be able to keep the same proportion of the assets if the house is sold.
 
First - The Bank owns the house until the mortgage is paid in full.
Second - It comes down on who's name is on the Office Copies (they don't really have deeds anymore)
Then it comes down to who pays what, and that's complicated and expensive to argue, especially if they are married, and it depends on if its tenants in common or joint tenancy.
 
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Was there ever any kind of trust deed put in place?

Generally in the absence of these the law will see the house as jointly owned and so will encourage a 50/50 split. It is then down to the individual to argue for a different split if they see fit.
 
Not a question for a forum tbh.
Solicitors if they were married.
If not married and the building/payments are only in one persons name then that would be straight forwards I would expect.
If it has multiple names on it that where it may get complex.

Sure some of teh more legal types will pop along shortly :)
 
Like as already been said, it isn't a simple case of she paid the most so gets a larger % of any equity left. Will be for the solicitors to sort out.
 
Go see a solicitor. just because shes paid the mortgage doesn't mean a lot when you are married as he probably paid for other stuff.
 
Jon12345 said:
Is he entitled to part of the house if she sells it? How much?
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Morally he should be entitled to get back at least what he put in and probably more based on house price changes.

Legally... There is no way any of us can tell you, she needs to speak to a solicitor.

I gather by the tone of the post that they are not really on good terms and she wants to take him to the cleaners?
 
Depends entirely on the ownership model selected when the house was purchased and how the judge is feeling on the day in court. Generally where a marrige is involved the legal system will push for a 50/50 split unless a different ownerships structure was agreed on at the time of purchase.
 
AcidHell2 said:
Go see a solicitor. just because shes paid the mortgage doesn't mean a lot when you are married as he probably paid for other stuff.
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This is a fair point.

Imagine she paid 100% of the mortgage but in return he paid for all the food and all the bills, levelling out at 50% each. It would be lunacy to suggest she should get 100% of the house - after all, they both paid equally towards overall cost of living.
 
[TW]Fox;15614294 said:
This is a fair point.

Imagine she paid 100% of the mortgage but in return he paid for all the food and all the bills, levelling out at 50% each. It would be lunacy to suggest she should get 100% of the house - after all, they both paid equally towards overall cost of living.
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That works on the assumption that the property is in both names. If the property is only in one partners name, the other does not have a leg to stand on.
 
Having just studied this exact area of land law... go and see a solicitor.

Minxy said:
That works on the assumption that the property is in both names. If the property is only in one partners name, the other does not have a leg to stand on.
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That's not necessarily true.
 
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