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Confusion re. Fair

  • Kimberly branson
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28 Dec 15 #471209 by Kimberly branson
Topic started by Kimberly branson
Hi. Thanks for reading this
I have been in a 7 yr relationship, living with my ex for 5/6 years. We bought a house together with the proceeds of each of our houses to accommodate our children. We do not have children between us.
:)we have decided to go our separate ways. But he wants 73% of equity on our main house ( we pay 50 50 mortgage now ) and on our investment flat which I now live in.
The house iwas bought as tenants in common but no percentage in favour was registered/applied and the investment flat was joint tenants.
Where do I stand .... Just to add to this his earnings are higher than mine he has a massive pension and although he is generally reasonable he will not move on this on and demands a 30/70split
Just to add a bit of drama he passed on a lifelong disease to me which he did not declare until after we became intimate.
Basically I feel that I have put in 100% investment including my health which I will never get back. Am I confusing the emotive with the legal standpoint. What would you advise . Also how do I get a copy of my TR1 ? Ms Branson

  • WYSPECIAL
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28 Dec 15 #471210 by WYSPECIAL
Reply from WYSPECIAL
Are you married?

  • Kimberly branson
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28 Dec 15 #471211 by Kimberly branson
Reply from Kimberly branson
No

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28 Dec 15 #471212 by WYSPECIAL
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If no percentages are registered it will be assumed that you each own 50%

  • hadenoughnow
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28 Dec 15 #471213 by hadenoughnow
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The land registry will have details of the property ownership.
If you are not married, it is property law that applies. This means the division will be according to whatever is on the deeds. If he wants to challenge this he needs to be aware that the costs of the case will be met by whoever loses.
The disease aspect is very unfortunate. I don''t know what you could do about it. I do know though that there have been cases where people have been prosecuted for knowingly infecting others. It may be worth googling these stories.

Hadenoughnow

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28 Dec 15 #471215 by Kimberly branson
Reply from Kimberly branson
Thank you very much for your quick and succinct reply. This was very useful. Just one more thing I forgot to say. He wanted me to live in the smaller property whilst we sell both property. Will this affect in anyway my interest in the properties. I continue to pay half the mortgage of the larger house.
Thanks and happy new year :kiss:

  • hadenoughnow
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29 Dec 15 #471245 by hadenoughnow
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I am not a tax expert but I believe you may have a capital gains liability if you sell a property that has not been your main residence. This may be why he wants you to live there. Is there any reason why he can''t move? Do both properties have to be sold or could either of you buy the other out?

Generally speaking the party who remains in a property would be expected to pay the whole mortgage. This is seen as paying "rent" for the enjoyment of the other party''s share of the property. You have to make a judgement on the risk of them just not paying and risking your credit rating though.

Be very careful about the destination of funds from any sale. It is probably a good idea to get the money held by a solicitor and shared out by them according to the ownership stated on the deeds.

NB you will both need to agree any sale if the properties are in joint names.

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