Your ex is wrong. You have a share in the property and are entitled to some of the equity. I do hope you are able to sort something out with your ex as acrimonious break ups have a habit of leaving the embittered half with the loss of rational thought. Vengeance and spitefulness are not good. Much better to sort things amicably and quickly.

Even if you were not married or a named legal owner....."Beneficial interest" would be applicable.

http://www.civilpartnerships.org.uk/BeneficialInterest.htm

As things appear, you are entitled to a half share of the available equity.

thanks to all. Its put my mind at ease. and yes we are both on the deeds. My ex said as i don't contribute to the morgage the house is his and he does'nt have to give me anything and wants me to sign over to him before i actually move out!!

I agree. Perhaps in your negotiations with your ex you should start at a higher figure i.e. half the equity / £25,000 and then move downwards as necessary.

If it's a joint mortgage (i.e. both names are actually on the deed) then you should have no issue with getting some of the equity from the house. Even if your name isn't on the deeds, I'm pretty sure that there is precedent where if one party has been contributing to the upkeep of the house (utility bills etc) but not the actual mortgage payments, they are still entitled to an equal share of the equity post split.

As such, I see no reason why you can't ask for half of the equity in the house (minus the cost of deed transfer / solicitor fees etc).

yes about £50k now. Thanks for the advice.

Yes I see no reason why, if the property is jointly owned, that you shouldn't ask for your share of the equity. However, if were your ex I would only be willing to part with cash if there was definitely the equity (by equity I mean the property was valued at more than the total mortgage outstanding). Presumably the property is worth more than the mortgage?

Can anyone give me some advice on my situation please. I have a joint morgage with my soon to be ex. I want to know where i stand as i am prepared to leave the property and sign it over to him but i want £10k for my share. From the start he has always paid the morgage and i have paid the bills/food and furnished/decorated the house so would i be entitled to ask him!