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Join Date: Dec 2007
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Question Joint tenancy and seperation
15-12-2007, 08:23 PM
  #1  

My ex-partner and I bought a house together as beneficial joint tenants in the Spring time of this year.

She paid less than 1% of the deposit, and made no contributions to the mortgage or upkeep costs despite making more money than me.

We are now in the painful process of seperating. Does she automatically get 50% of the equity in the house, or can I argue that she should get substantially less.

She is a solicitor with a Magic Circle law firm, and didn't explain to me the differences between tenants in common, and joint tenancy.

I'm speaking to a family law solicitor next week, but would appreciate any advice before then

Thank you
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Join Date: Apr 2007
Location: Chester
Posts: 74
Re: Joint tenancy and seperation
17-12-2007, 08:13 PM
  #2  

Your holding as joint beneficial tenants means you both own as one to protect in the event of death. You should take legal advice as soon as possible as unless you have specified an unequal share holding you will both own 50%.

You need to take legal advice on the money involved, the severing of the joint tenancy and the costs involved in pursuing a higher share. This falls well outside the scope of a forum and needs several hours of advice based on what has occured between you both.

You can access this help from us using our Do I have a case section on our website.
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