Sorry to hear it (((Ant))). It's poo all round.

Do the decent thing: the thing you would have done for the person you once loved.  Even if you end up with the shorter end of the stick, you'll feel better for it, and how you feel about others and yourself is all that matters.  Money is meaningless.

Even if she hadn't paid part of the deposit, contributing towards the mortgage and other household costs since the beginning will give her the right to claim a form of constructive trust over the property, giving her cause of action to sue you for part of the proceeds of sale. The amount she could be awarded could depend entirely on which of you the judge likes the most, or whatever you agree to settle for.

As you've already agreed an amount though, it's a bit of a moot point unless you decide to renege on your deal. You've made a great sounding offer, and she'd be a bit mad not to take it as if she wants to play hardball and wants you to sell, she runs the risk of getting significantly less (which you say is the probably outcome) or even nothing at all if you simply refuse to sell.

Getting her sign a document relinquishing all claims over the property would be a good idea. You don't necessarily need a solicitor to do it for you though. Just get an impartial third party to sign as a witness (or, in the absence of anyone impartial, get one of your mates and one of her mates to jointly witness) so neither of you can later try and deny it's validity.

Sorry for your situation. Break ups are seldom good. Hope it all works out for you.

As far as the property stuff, I don't know if you're in the US or not, but for here I would suggest getting some sort of release done for both of you to sign, and make sure you each have a copy. Get it witnessed and so forth. A notary or lawyer would be a good idea for the witnessing.

If for no other reason, to protect yourself and your possessions. Just in case she decides to go sour on you down the road. It can happen. I've seen it over the years. Better safe than sorry in my book in any situation involving property or money, and possible hard feelings between parties somewhere along the way.

Good luck, and again, sorry for your situation. I hope things get better.

Maybe in the coming future you can sell the house and use what you get to buy something in an area you do want, and make a fresh start for yourself. :)

This is exactly what I was looking for, thanks.

I had read things that said she had no rights and that she did have rights. The constructive trust bit was very useful.

I'll definitely be getting a document sorted for that. I was thinking a family member each to sign as witness.

I feel I am doing the decent thing so I'm comfortable with that.

I'm just glad I've got parents who don't mind bailing out their kids when the shit hits the fan!

May be different here, but I very much doubt it - get it signed off legally or she can come back on you later if she starts feeling that you were unfair at some point in the future. I've had friends who thought everything was sorted fairly,  to everyone's satisfaction,  then a few years later a lawyers letter demanding more.  Better to spend a few dollars (pounds) and be sure that cannot happen.

There's legalese stuff that if you leave it out/get it wrong on a DIY job, you basically got nothing.

(hug)

Bah :( sorry to hear that!

Sounds like you've had the most useful advice already, so I'm just here with manly consolation. And drinks, if we somehow meet.