My ex-partner & split up and we are selling house (UK). She put in the capital and I paid mortgage.?
If your partner paid the deposit then she is entitled to that back before you divide what is left after the mortgage and all fees are paid back. For Example:- House purchased for 100k Deposit paid 10K Mortgage 90K House sale price 120k Profit 20k Repayment of deposit to partner 10K Agents a nd solicitors fees 3K Net profit 7K 50% each 3.5K Hope this clarifies situation. However,there is a possibility that you may be entitled to more if she never paid a penny towards the mortgage. If you have paid all the mortgage and those payments equal the amount she paid as the deposit then a 50/50 split would be fair and legally proved as she will have lived there rent free in effect when half the mortgage payments were her responsibility. Do your figures and agree what is fair between yourselves as only lawyers make money out of disputes!
Hopefully you will come to an agreement, in which case you will each get whatever you agree to get. Otherwise the only way to decide is to go to court, in which case the court will look at the evidence of your agreement. If you own as beneficial joint tenants then you are deemed both own the entire house. When you split the proceeds of the sale will automatically be in equal shares. If you own as beneficial tenants in common then you will have specified the shares you own the property in. When you split you will get this specified share of the proceeds. Alternatively, you could also have drawn up a trust document that determines in as much detail as necessary exactly how any proceeds would be split. The contributions made by both of you to the day to day costs of living and maintenance of the property have nothing to do with who gets what share of the house. Its theoretically possible that the court could find that there has been a contribution by one of you that is not reflected in yo
