What are my rights after split with a joint mortgage?

[123steven]

Hi, I need some advice. My partner and I have recently split after 8 years, 4 of which we lived together in a house we bought together and have a joint mortgage. She decided it was over without much explanation. I moved out and left her everything including all furniture and all savings and gave her my last wage and also some extra cash to help her out. Im now in a furnished rented flat and basically have nothing. We havent fell out (yet) I still had hope of getting back with her but its looking increasingly unlikely. The thing is she has now lost her job and has put the house up for sale. If she gets the asking price once the remaining mortgage is paid she could be walking away with 30k or more and as yet there has been no mention of me getting anything. She did however put a 20k deposit down from the sale of her previous property when we moved in, and I do believe she should get all or most of that back. I always worked more hours than her and always had a job. She was unemployed for up to a year at one point too. All my earnings basically went into the house and furniture and decor and I was just wondering if I am entitled to anything as I feel I should be. Any help would be appreciated, thanks.

[redcrx]

as you are still on speaking terms then i suggest that you try and sort this out between you without getting into the "who's entitled to what" at first.
Perhaps you can start by suggesting that the equity after she gets her deposit back is split evenly?

dont forget she cant sell without your permission. But if the mortgage isnt being paid that you and jointly responsible for paying it

[PipinHull]

My understanding following a similar split was that if you have a joint mortgage, any equity is automatically split 50:50 (unless you agreed otherwise and put it in writing at time of purchase). If one of you can prove you put a big chunk in as deposit then you would be entitled to receive that back but it might then take input from solicitors. Without any wrangling the default would be 50:50. I appreciate you want to keep things amicable but moving out, letting her have all the savings, your pay packet and most of the equity seems beyond normal niceness and into the realms of being a walked on.

[hc4361]

If you bought the house like most couples do and own it as joint tenants (not tenants in common) you will be entitled to 50% of the equity. You need to look at the title register (downloadable from the Land Registry for £4) to be sure.
As already stated you are currently equally liable for the mortgage payments and if the house is in negative equity you will equally be liable for the shortfall.
Of course if you want to you can give her more of the equity.
Sort it out with your ex first.

[pastafreak]

I'd suggest you get a solicitor,and also try mediation to sort out any differences. It sounds as though she has gone ahead without consulting you-and how she has been able to proceed with a sale is questionable. Was the property in both your names?

You are entitled to get back what you put in. You may have left her with all the furnishings,etc-but that does not mean she is entitled to do as she wishes with them
.
You seem a bit too laid back about the fact that there has been no mention of you getting anything. If you continue to stay silent-you will have only yourself to blame.

[PipinHull]

Pastafreak raises a good point - I recently sold my house after a split and the estate agent wouldn't represent me/sell my house until all the paperwork was signed by myself AND the ex - this suggests you've either agreed to the sale in writing, she's not using a scrupulous agent, or she's told the agent that the house is in her name only. I wouldn't expect an agent to get involved otherwise - there would be too big a risk that they'd find a buyer only for the sale to fall through if you didn't agree.

[123steven]

Thanks for all your replies. The house is definitely in both our names and I havent signed anything to agree to the sale, so after reading this I dont know how she managed to put the house up for sale then. Im not against the sale and I hope she intends to give me something so thanks for letting me know how much I am entitled to just incase. I will try to speak to her about it soon and then a solicitor if it doesnt go well. I know it seems like im being walked on but Ive always been a bit soft when it comes to her, I still love the girl, but I dont intend on being screwed out of whats rightfully mine, so thanks again for your advice.

[boxtops]

Don't TRY to speak to her, Steven, do it! you've put a lot of day to day money into that house by the sounds of it, even if she put up a lump sum - you are entitled to it, find out what's happening. You need to sort out your legal position - please don't be too much of a nice guy, you too need to get something back so you too can move on. Good luck!

[123steven]

Went to speak to her but before I could mention it she flies of the handle and starts threatening me with having to pay my half of the mortgage and that she is the victim! She also claims I have no right to anything and won't be getting a penny. I'll need to find a solicitor I think. I don't know who she is any more.

[peter555]

Hi Steven
Fom your post it seems this all happened a while ago. I find myself in a position very similar to yours was then and just wondered how it all turned out? Any advice you could give?
Thanks