Q My ex partner and I – we were not married but co-habited for 23 years – drew up an agreement through mediation that we would split our house 55/45 on sale. It has now come to the agreed time to sell.
He is maintaining that if I am getting 55% then I have to pay 55% of the remaining mortgage and the estate agent's commission. My position is that the mortgage, which is a joint one, and the commission, are expenses taken off first and that the proceeds are then divided 55/45. Looking at the original agreement it says the property is "to be held in joint names in the following percentages over the following years". I am reluctant to pay solicitors again to battle this out.
A I'm assuming you agreed a 55/45 split in your favour because you contributed the deposit for the purchase of the house and your ex-partner didn't. And I also assume that over the 23 years you were together you each paid half the monthly mortgage payment. If that is the case then you should receive 55% of the sale proceeds after deducting the estate agent's commission and paying off the remainder of the mortgage.
You should only have to pay more than half of the mortgage if you have been paying 55% of the monthly mortgage payment, which I very much doubt.
If your ex-partner's only contribution to the purchase of the property was to take on half the mortgage, which represented 45% of the value of the property at the time you bought it, he cannot expect to receive more than 45% of the proceeds when you sell.