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co habitating and seperation

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  • co habitating and seperation

    Hi, Looking for a little bit of advice on splitting up with my Girlfriend of 20 years. Its a bit of a saga I'm afraid and though I know I will need to contact a solicitor I am looking for a some advice as to what I will be expected to pay to my ex.

    I will detail all I can in case someone is able to pick any bones out of it and offer some advice that I have not yet seen.

    My Ex and I have been cohabiting for just over twenty years in the same house. The house was purchased by us in joint names and the deposit used was the proceeds from a company share save scheme in my sole name before we got together. My ex moved out of the home to live with someone else almost a month ago and we are now in the process of getting valuations done and agreeing a final settlement figure.

    So the questions I have are as follows:-
    1) Can I ask for the contribution I made to the deposit over twenty years ago to be considered in the settlement?
    2) 4 or so years ago my ex moved out for 18 months and I was paying the mortgage myself. Can I ask for that to be considered?
    3) I have read somewhere (but only a random web page) that as we are not wed our own individual bank accounts belong to us individually and that the joint account be split down the middle? Any items we have bought from our own accounts are our own but that anything purchased from the joint account is jointly owned. Is this correct?
    4) My ex has been advised to take half the money out the joint account (which she has done) but that account is used to pay the DDs for the household bills etc. Is she liable to contribute to the house insurance, council tax and other utility bills whilst her name is still on the mortgage as some of those bills will be from the period she was still living here?
    5) Around three months ago (when I maintain she knew she was leaving) my ex had cosmetic surgery which was added to our mortgage. Can I ask for that to be considered in the settlement?
    6) Finally, for now I think (though I'm sure I will find more to ask), as we have an offset mortgage with plenty of equity how do I stand if I transfer the amount that the surgery cost from the mortgage to my account effectively adding it to the mortgage?

    Sorry this is a bit long winded but I couldn't really think of a better way to ask the questions. Thanks in advance for any advise Pete
    Last edited by Kati; 19th February 2016, 13:13:PM. Reason: paragraphs ... easier to read :) xx
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  • #2
    Re: co habitating and seperation

    Originally posted by peterpiper70 View Post
    Hi, Looking for a little bit of advice on splitting up with my Girlfriend of 20 years. Its a bit of a saga I'm afraid and though I know I will need to contact a solicitor I am looking for a some advice as to what I will be expected to pay to my ex.

    I will detail all I can in case someone is able to pick any bones out of it and offer some advice that I have not yet seen.

    My Ex and I have been cohabiting for just over twenty years in the same house. The house was purchased by us in joint names and the deposit used was the proceeds from a company share save scheme in my sole name before we got together. My ex moved out of the home to live with someone else almost a month ago and we are now in the process of getting valuations done and agreeing a final settlement figure.

    So the questions I have are as follows:-
    1) Can I ask for the contribution I made to the deposit over twenty years ago to be considered in the settlement?
    2) 4 or so years ago my ex moved out for 18 months and I was paying the mortgage myself. Can I ask for that to be considered?"

    Was it a joint tenancy ownership of the property or tenancy in common: ie equal shares or un-equal shares? Assuming it was a joint tenancy, you both get 5o/ 50 spilt after debts paid etc. In law you have to prove joint tenancy was of unequal shares.

    "3) I have read somewhere (but only a random web page) that as we are not wed our own individual bank accounts belong to us individually and that the joint account be split down the middle? Any items we have bought from our own accounts are our own but that anything purchased from the joint account is jointly owned. Is this correct?"

    4) My ex has been advised to take half the money out the joint account (which she has done) but that account is used to pay the DDs for the household bills etc. Is she liable to contribute to the house insurance, council tax and other utility bills whilst her name is still on the mortgage as some of those bills will be from the period she was still living here?
    5) Around three months ago (when I maintain she knew she was leaving) my ex had cosmetic surgery which was added to our mortgage. Can I ask for that to be considered in the settlement?
    6) Finally, for now I think (though I'm sure I will find more to ask), as we have an offset mortgage with plenty of equity how do I stand if I transfer the amount that the surgery cost from the mortgage to my account effectively adding it to the mortgage?

    Sorry this is a bit long winded but I couldn't really think of a better way to ask the questions. Thanks in advance for any advise Pete
    A joint bank account in marriage would like be 50/ 50 split but for cohabit, i don't think there is such restriction.

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