Re:Co-habitee split - finances??

I am trying to get some advice for a friend. She had been with her partner for 20 years. They live together in their jointly owned home. They also have a 2 year old son. Just over a year ago they split up and she moved out. She has paid nothing towards the mortgage or the house since she left. Does this mean that she will be entitled to less when the house, which is now on the market, sells?

She used to contribute a small amount towards the mortgage but has now stopped working and lives with her Mum. SHe has contributed nothing since she left.

Is she still entitled to half the equity in the house?

My situation was different as I was married so I cannot advise her. Can anyone help?

Thanks.

If the house is jointly owned, she is entitled to half unless there was an agreement to vary this which is unlikely.

There is an occupational rent issue - the person who remained in the property had use of the whole property - this kind of levels the field. It also depends upon whether the mortgage was repayment or interest only.

Charles

Kernott v Jones has changed the law in this area very recently - judgement was handed down by the supreme court on the 9th November.
How do they own the house - was there an express declaration of trust on the TR1 form?
If so, it appears that in most cases, that will be conclusive - if not, she may find it harder to ascertain her claim for 50% of the equity, depending on the parties intentions, both at the time of purchase and afterwards.
If this intention is not clear, the court may look at the entire course of conduct between the parties, to try and ascertain what their intentions may have been.
If her ex has contributed more since purchase, he may be able to argue that this illustrates his intention to own more than 50%, however, contributions are not the only factor that may be considered...
She really needs to take legal advice and get hold of the transfer documents before progressing.
The transfer docs will be help by the land registry, and probably the solicitor who did the conveyancing too. If she can get hold of these before seeing a solicitor it will save her time and money.

I would tend to agree with what Charles says. However, the clear lesson of Kernott v. Jones is that she really mustn't hang about - she needs to get things sorted. What BN says about taking advice and obtaining the documents is very important post KvJ