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Mortgage, split with partner, help please

Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
in Home, Law & Money
My partner an me bought a flat in June 2004
she never contributed to the mortgage as she was in education
we split up in November 2006
and now she wants to see me to discuss 'the flat'
my question is, if she starts demanding money,
is she entitled to any?
her name is on the mortgage

any help will be very much appriciated

thanks
johnny

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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    It depends on the wording of the contract. I'm sure Kermit will be along to correct me at some point, but I'm going through this too at the moment, so here's what I've gathered.

    If both your names are on the mortgage and you were joint tenants (as opposed to tenants in common where it was specified she was entitled to a certain percentage or to none at all) then she is entitled to half the equity in the property. I'm not sure if it makes a difference that she didn't contribute.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    I'm in the process of buying a house at the moment and my partner and I agreed to be joint tenants so that we're entitled to the other half of the house should the other one die. As far as I am concerned it also means we have an equal financial interest in the property even if one contributes far more towards the mortgage. As I earn about half as much as my partner he will definately be contributing more and I offered to be tenants in common with a 75/25 split but he refused.

    I guess when you're all loved up you don't tend to make rational decisions about what will happen when you split.
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
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    Former MemberFormer Member Posts: 1,876,323 The Mix Honorary Guru
    You will need specialist legal advice on this one, but as a general rule if she is listed as a registered proprietor of the house then she is entitled to some of the interest in the property. Most people hold the property as joint tenants, which means she owns 50% of the property, and is entitled to half of the proceeds on sale, after discharge of all charges secured against the property.

    She cannot enforce a sale, but if you want shut of her, you will need to buy her interest in the property from her. The amount you'd generally need would be half of the equity in the house.
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