# Entitlement to house? :co-habitating for 4-5years now split up.



## ein (8 Sep 2007)

My friend was going out and co-habitating with a girl for 4-5years. In that of time they lived together in his house sharing the cost of bills etc. she paid half the mortgage and subsqently went as joint applicant on a remortgage of the same property. 

The question is what are her intitlements to the house, since they have now split up. 

Oh yeah! His existing mortgage was 80k, remortgage was for 40k and the house value is 250k and she is not on the deeds of the property.


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## Dreamerb (8 Sep 2007)

*Re: Entitlement to house?*

This is a very murky area, but it seems possible she has some claim. Some extra info would probably assist in getting answers - such as what his initial deposit was, how long he owned it before g/f moved in, and possibly even the purpose of the remortgage (if it was entirely to pay for life-saving treatment for the g/f, for example, it could be suggested she'd already had the benefit of any interest she had acquired in the property).

If things aren't acrimonious, they'd be better agreeing a settlement they think is fair between themselves. I'd take as a starting point the total contributions they've both made proportionate to the realisable equity in the house [net of fees and charges, and taking into account initial outlays], but with something of a discount to reflect the fact that it's not her house [deeds] and she wasn't the initial provider of funds. 

Alternatively he could say the contributions she made were in the nature of rent, and she has acquired no interest in the house - but if that were to go to court, it'd probably end up being at least as expensive as, and a lot more traumatic all round than, agreeing a settlement between themselves.

Note the above are purely personal opinions, I'm not a solicitor, and I've never been in the circumstances.


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## ein (10 Sep 2007)

*Re: Entitlement to house?*

Thank you Dreamerb

He had the house 7 years before she came along and had only wanted to relase equity to uy a family memeber out.

He has said to his ex hit the road your getting notting out of this house.
You only paid rent and at that rate where living here cheaply.


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## csirl (10 Sep 2007)

*Re: Entitlement to house?*



> she paid half the mortgage and subsqently went as joint applicant on a remortgage of the same property.


 
Very grey area. The fact that she is on the mortgage complicates. If she wasnt, would probably get away with the rent thing.


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## Vanilla (10 Sep 2007)

*Re: Entitlement to house?*

I think it is likely she would have a limited claim- certainly for the length of time she was a mortgagee. Your friend would be better off to do the maths and offer her fair compensation than to add legal costs to it. 

BTW he sounds charming and I'm sure he won't be single for long.


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## ein (11 Sep 2007)

*Re: Entitlement to house?*



Vanilla said:


> I think it is likely she would have a limited claim- certainly for the length of time she was a mortgagee. Your friend would be better off to do the maths and offer her fair compensation than to add legal costs to it.
> 
> BTW he sounds charming and I'm sure he won't be single for long.


 
Yeah he's a real charmer I would say the girls will be beating down his door.

He's not the most rounded person (insainly one track minded (money)) and I just wanted to get other opinions. This should show him what Ive said, is not an isolated point of view.

He should talk to her at least, with the view of coming to some sort of agreement.


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## terrysgirl33 (11 Sep 2007)

*Re: Entitlement to house?*

Does she not want to get her name off the mortgage anyway?  Sounds like it's a bit messy.


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## moondance (11 Sep 2007)

*Re: Entitlement to house?*

I'm speaking as someone who's been in a very similar situation to this guy's girlfriend. Built a house with boyfriend, had joint mortgage but unknown to me I wasn't on deeds. So when we split (after 5 years together, 2 years of a mortgage) our separate solicitors advised us that it would be in both our interests to come to an agreement between ourselves. So what we did was take the: 
current value of house 
minus value of site (given to him by his family)
minus outstanding mortgage
divided by 2.
So that's what he gave me. Some people were of the opinion that I should have got less as I was in effect getting back everything I paid and more. Some people thought it was unfair to me as I lost FTB status and he has house. I was happy though!


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## ein (12 Sep 2007)

*Re: Entitlement to house?*



terrysgirl33 said:


> Does she not want to get her name off the mortgage anyway? Sounds like it's a bit messy.


 
It has not been discussed yet  Very messy


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## ein (12 Sep 2007)

*Re: Entitlement to house?*



moondance said:


> I'm speaking as someone who's been in a very similar situation to this guy's girlfriend. Built a house with boyfriend, had joint mortgage but unknown to me I wasn't on deeds. So when we split (after 5 years together, 2 years of a mortgage) our separate solicitors advised us that it would be in both our interests to come to an agreement between ourselves. So what we did was take the:
> current value of house
> minus value of site (given to him by his family)
> minus outstanding mortgage
> ...


 
I am glad it worked out for you, but I think with the guy I'm refering to is a very unreasonable lad and cant or dosent want to conceed anything.

I would say you were lucky


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