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Kgrayz | 17:32 Mon 10th Jul 2006 | Business & Finance
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Me and my ex partner split up 14 months ago, when he walked out on me and our son who was 9 months at the time. We have a joint mortgage which started in January 2004. Since he left I have been paying all mortgage, insurances and bills solely and supporting our son with a bit of help through the CSA. I have recently put my house on the market. As I have been paying the mortgage solely plus put down the 4k deposit do you think I am entitled to what is owed back to me. My ex partner wants to split the equity 50/50 but I am not happy about this as I have struggled over the last 14 months without any help from him. This situation looks like it is going to court as I am not agreeing to his proposals and he is not willing to give me back what I have been paying since he left.

Does any one have any advice as to what would happen if a Judge was to decide. Please help.

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You will be very much better off if you can put aside your unhappiness and come to an agreement, however much you dislike that thought. The courts will not count out individual beans for each of you, that is a complete waste of their time. Take the view that you have had sole occupation of the place for 14 months and what you have paid out equals rent to your ex for that. With regard to the 4k if that was the only deposit deduct it from the balance that you are going to receive after the mortgage is paid off and split the remainder 50/50. If he also paid a share of the deposit then just split it 50/50. Settlement through a court can be very crude indeed, and the rules changed recently and you may be ordered to pay costs which may leave you not only with nothing but may create a large debt for you. Settle it yourself, do not get enmeshed in the legal system.

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