How to share out profit of property?

This is the one time I know of when the old distinction between common law and equity still has an effect. As taught to me when I did elementary law while training as an accountant, English common law was getting inflexible and sometimes downright unfair - if an action couldn't be fitted into one of the existing forms of writ, the courts couldn't deal with it - and a system of equity courts grew up parallel with the common law courts to deal with things in a more fair and commonsensical way. It eventually became established that equity prevails where the two are different, and in 1875 the two sets of courts were merged. That created the system of civil courts we have now.

The relevance here is that property deeds and HM Land Registry still function according to common law. At common law, Partner A's name only is on the deeds and that's that. But if Partner B contributed some of the purchase price, equity says forget that, what would be fair? They're entitled to have the same proportion on sale as they put in. So the main thing is how much each of them were contributing towards the mortgage repayments. If that's 50/50, they should get half each, plus more for A as A put down most of the deposit.

Thus my opinion is that you're basically right and this is what A and B's solicitors will be telling them.

This is even relevant if the house was in both their names. The proportions in which they own it are not stated on the deeds or land register, and at common law, it's a 50/50 split. End of story. But what if A paid for 100% of it as B is not working and B's name is just on the deeds to safeguard his/her position as having an interest in the house because he/she lives there? (Rather my parents' position when Mum left work to have children and be a full-time mum to me and my sister.) Equity says A gets the whole proceeds of sale as it would be just plain wrong to give B a free gift of half of it just because B is registered as a joint owner. Same principle - what each partner gets out of the house sale is related to what they put in.

Ah, but that leaves B homeless. Fine. That's something to thrash out between themselves separately, in the divorce courts if they're a married couple divorcing.

I just throw that in to illustrate my reasoning.

Partner A is correct. There would have been less mortgage interest to pay. therefore Partner B

is benefiting. If the property sells for more than it was purchased for, it would not be fair for

Partner B to collect 50% of the proceeds. The solicitors need to get it right.

That depends on whether they are married, and how long they have been paying the mortgage

and also what country the couple live in

I'd work out 50% of the initial 90k,

(45 and add 8.5) for A

45-8.5 for B.

.

Then to get percentage,

(53.5*100/90) for A

36.5*100/90 for B

If you need to ask for advice for your clients on a board like this, perhaps you shouldn't hold yourself out as competent to have clients.

Leave it to people who know what they're doing.

Tell Partner A to stop being silly, take the £18k and run.