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Legal matters

Mortgage without marriage

7 replies

TeaSippingPterodactyl · 23/08/2011 18:16

Hi, I am posting this here and in money matters-hope that's ok.Am hoping someone can help.My friend has been in a relationship though not married,for 15 years.She has a joint mortgage with her partner,and he was always happy for her to work part time and look after the house,garden, dogs etc whilst he paid the mortgage and went out to work.I must stress that they were both happy with this arrangement. Her partner has recently announced that he has met someone else and wants to move on. She has a joint mortgage with her partner,and I was sure this meant that she is entitled to half of the proceeds but he has stated that as he has paid the lion's share, he is legally entitled to a larger percentage than her. Can anyone please help me put her mind at rest?

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babybarrister · 23/08/2011 18:33

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TeaSippingPterodactyl · 23/08/2011 18:37

Thankyou, I will pass on your advice.

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Collaborate · 23/08/2011 20:25

The chances are she owns half of it though. Unless there's a trust deed (and if there is she'd be a dunce not to know it) it matters not that he paid the lions share of the mortgage, as this is just how they chose to live their lives. Post separation contributions to the mortgage capital are a different kettle of fish though.

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mumofsoontobelawstudent · 23/08/2011 20:54

agree with babybarrister and collaborate as always Grin

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sneezecakesmum · 23/08/2011 21:06

Just out of curiosity, is a trust deed something you can have attached to your property without your knowledge or consent. Is it something both parties to the joint mortgage sign up to if one or other has put in more capital.

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TeaSippingPterodactyl · 23/08/2011 22:00

Thanks all. My friend is going to see a solicitor as soon as she can- i was just trying to ease her worrying but it looks as though it is not always as simple as I thought.

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cestlavielife · 24/08/2011 14:32

are there children?
if children then she may calim right to remain in propeorty with them and buy hom out later on - but still the starting point is probably 50/50 unless there was something to say otherwise at land registry.

See TOLATA
various solciitors explain it eg
www.rcsolicitors.co.uk/chiltern-family-law/living-together/guides/land.htm

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