split from partner, where do i stand?

[blackbunny]

We have been together for 10yrs, but now we are calling it a day. We have a house in joint names and contents but no children. I have been disabled for the last few years, but i have paid my way by buying things ( washing machine, cooker, etc) while my partner paid the mortgage and household bills.What am i entitled to ? He said he would buy me out if possible or the house goes up for sale. Should i sit tight untill this is sorted out or could i leave now? Please advise. Thanks

[Didwot]

The fundamentsl question is what did you agree about the ownership of the house when you bought it. As the house is in joint names you may have purchased it as Joint Tenants, in which case you are presumed to be entitled to equal undivided interests in the property, or you could have purchased as Tenants in Common in which case you own distinct and separate shares in the property in whatever propotions you agreed at the outset. Unfortunatelty it is all too common for joint purchasers and their conveyancers to give no thought to these matters when the purchase occurs, and the whole issue has to be worked out later on, often at great expense in the courts. In the absence of any agreement I would start on the principal that equality is equity - half each, but facts could prove otherwise. Clearly you will only get your money if he buys you out (and it is woth a dsicount to get matters sorted quickly and amicably) or if he can not buy you out the property will have to be sold. As a co-owner you have the right to demand taht the property be sold, and can obtain a court order to sell if necessary

[blackbunny]

thanks didwot. The house was a strait forward purchase between the two of us so i guess i get half, thats o.k. but i would like to leave asap, so do i loose any rights if i go now before the house is sold or he pays me off, and if i do leave now can i get back into the house if i need to? I'm a fair person and do not need any trouble but i can't afford to loose anything.

[Didwot]

Your rights are derived from your earlier actions and agreements. If you leave you will still be entitled to your share of the property, but do not let the grass grow under your feet. If he does not pay up within a reasonable time then it would be sensible to demand that the proeperty be sold. There is a principle called "equitable accounting" where a party who lives in a jointly owned property on his/her own can be charged a notional rent and their interest in the property diminished. On the other hand if they pay the mortgage they may get credit for that and the accounting process is usually a complete waste of time,

[blackbunny]

thank you very much didwot for your help.