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Stuart J
Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20368
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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In late 2005/early 2006 myself and then partner bought a flat

Resolved Question:

In late 2005/early 2006 myself and then partner bought a flat for £183,000.

She moved out in October 2008 and shortly after - January
2009, stopped contributing to the mortgage at which time I cancelled
payments from the joint account and started paying the mortgage solely
from my personal account which I have managed to do with financial
assistance from my family in the first instance and subsequently by
taking in a lodger.

Mortgage payments have been:-
c.£500 pcm Jan. 2009 - Jan. 2011 (exact figure can be confirmed)
£534.81 Jan. 2011 - 2013
£687 Jan.2013 - present

The flat is now up for sale and due to complete on Friday, August 16th
2013. My ex-partner only has contributed her half of the mortgage from 15th
May 2013 as the flat has been vacant awaiting sale since that date.
Since January 2009, Ms. Converse's contribution to the upkeep of the
flat have been monthly contributions to the maintenance account of £70
per month rising to £90 in late 2012, all of which have been paid
anonomously over the counter in branch to our joint account. Also a
lump sum in Jan. 2013 of £1,600 to pay for prospective cyclical
maintenance/external redecoration to the property.

The net profits of the sale of the flat (sale price is £272,000) after
all fees are to be split
50/50 between myself and my ex-partner in accordance with an agreement
drawn up between ourselves at the time of purchase.

My question is; is it reasonable to review the 50/50 split in my favour?
Submitted: 1 year ago.
Category: UK Family Law
Expert:  Stuart J replied 1 year ago.
Thank you for your question here on Just answer. It is my pleasure to try and assist you with this today. Please bear with me if I need to ask for any further information from you in order for me to be able to advise you fully. My name is Law Denning and I am a practising solicitor. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case. I will be online and off-line all day most weekdays and weekends.
If you have an agreement that the eventual proceeds are to be split 50-50 (which would be the case even if there was no agreement) than on what basis do you want to vary that now? Because of the payments you will have made? Does the agreement allow for that?
Customer: replied 1 year ago.

The agreement did not allow for that. Is there any precedent set for a 50/50 agreement to be reviewed as I have been solely paying the mortgage for the past five years? That is why I would want to vary it now, yes.


 

Expert:  Stuart J replied 1 year ago.
If there was no agreement to the contrary when you bought the property, as to what would happen when you sold it, then regardless of your various inputs, the proceeds will be split 50-50 when it was sold. Your agreement therefore which is silent on the issue of unequal payments, says exactly the same thing and therefore the proceeds will be split 50-50.
I will tell you that I do not agree with the stance that the courts take but with a jointly owned property and no deed of trust which says any different, the proceeds are indeed split 50-50.
It is indeed unfortunate that you continue to pay the mortgage from your own account over the last few years because you might have been able to revisit the agreement then.
You say that she moved out in October 2008 and I assume that the flat has not been empty since. If it had a tenant, then presumably you had the benefit of the rental income and if there was no tenant, presumably you had the benefit of living in the property. In that case, the money that you have paid over the last few years has been in respect of your occupation because your ex partner had did not have any such benefit.
In any event, she is not liable for the mortgage or the bills of a house that she does not living although she does remain liable to the lender if you were to stop paying.
If neither of you lived in the property and it was empty, then you would both be jointly liable and it would have to be taken into account along with rental income if any.
I’m sorry, I appreciate this is not the answer you wanted but there is no point in me misleading you. I have a duty to advise you truthfully and honestly even if that answer is unfavourable.


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Stuart J, Solicitor
Category: UK Family Law
Satisfied Customers: 20368
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and 2 other UK Family Law Specialists are ready to help you

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