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tenants in common/ex wants more of house proceeds

  • earlycomputers
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20 Dec 15 #470960 by earlycomputers
Topic started by earlycomputers
My ex partner and I have been living under the same roof (big house) for previous 2 years. We were unmarried but have 3 kids from our 20 year relationship. We both own this house 50/50 as tenants in common. For the last year my ex has paid 2/3rds of the monthly mortgage and I have paid 1/3rd. This is mainly because my ex''s job pays over double of my salary. I have worked for less in part because I do most of the childcare/child duties. My ex is saying that when we sell the house, he should be entitled to receive 2/3rds of the profit as he has paid more of the mortgage. Is this fair/normal? I know we weren''t married but surely the parent who does the bulk of the childcare gets some rights (at least until the children are 18)? My argument is that I have made unpaid contributions to the household in the form of housework and childcare. Admittedly though my ex has organised a lot of the house renovations/repairs. what is the fair thing to do? thanks.

  • MrsMathsisfun
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20 Dec 15 #470966 by MrsMathsisfun
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As you are not married and joint tenants, the equity would be split 50/50, dont think his argument about paying more towards mortgage would make a difference.

  • hadenoughnow
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20 Dec 15 #470968 by hadenoughnow
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It will be property law that applies in this case. If he wants to argue for a greater share, he needs to be aware that he will end up paying both your costs and his if he loses. As you have dependent children, you may be able to use the Children Act to allow you to retain use of the property/his share of the equity until the youngest is 18.

You really should take some legal advice and so should he.

Hadenoughnow

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