Karl Beckett of Sheffield Solicitors Bell & Buxton helps answer divorce questions

IF I’VE SPLIT FROM MY PARTNER, WHAT HAPPENS TO OUR HOUSE?

Karl Beckett of Bell & Buxtons offers some advice

If you are not married then the short answer is, it depends.

Whilst divorce law is (relatively) sophisticated and developed, if you separate from a partner with whom you live but are not married, then the question of who gets what from the house is answered by the law of property and trusts. Whilst divorce law is necessarily discretionary by nature, the law of property is blunt. The starting point for any dispute with regards to your home is to look at who actually owns it on paper. If you and your ex-partner co-own the house equally then that will normally be conclusive, and if the property is sold then after the Mortgage, Estate Agents and Solicitors costs are taken off the rest is split equally.

However, it is vital to look at any agreement reached at the time of purchase, for example if one party contributed to a deposit then it may have been agreed that party receives the money back before the proceeds are divided. It may also be the case that a third party contributed to the deposit such as parents. This may be done as a gesture of good will or it may be the intention of the parents to receive this money back in the future. If a proper agreement has not been drawn up at the time of purchase then it possible for one party to argue the money was an outright gift.

Even more complicated is a situation where a property is only registered in the name of one partner, at which point it will be necessary to look at financial contributions made towards the Mortgage and as to any agreement reached between the parties. This can be extremely difficult and costly.

These situations are easily avoidable with a clear agreement from the outset as to who gets what. At Bell & Buxton we can assist by preparing a Declaration of Trust or a Living Together Agreement to reflect the finer details as to division of assets upon the breakdown of a relationship, so the question of what happens to the house is not such a vexed one.

For further information please click here to contact Karl Beckett