How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33323
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
13262538
Type Your Family Law Question Here...
Clare is online now

Can my ex demand his share of my property if he has only lived

Customer Question

Can my ex demand his share of my property if he has only lived there for 3 months, 6 years ago and never contributed to the house in anyway? I have 25%, he has 25% and my brother has 50%, he is demanding I pay him his share but in my eyes there is no share as he has never paid towards mortgage or deposit for the house, he also said he wants a key and if I dont give him one he will enter the property, can he do that?
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question I shall dop my best to assist you
I am afraid that if he is a joint owner of the property and you and your brother did not protect your investment by using a Declaration of Trust then yes he can indeed apply to the court for an order for the sale of the property to release his share
Equally as a joint owner of the property he is entitled to a key - and can break in if need be
I am sorry that the news is not better
Claire
Customer: replied 3 years ago.

Thanks I have now been given conflicting advise because another lawer has told me that he cannot force me to sell as he only holds 25% which is the minority, we are tenants in common and I have been advised he can have a key and get into the house but not force me to sell. and that I could apply to the court to stay as it is my family home and I live there with my (his) son

Expert:  Clare replied 3 years ago.
Hi
I am sorry but even if he only owned 2% he would be able to apply to the court for an Order for sale and it is likely that it would be granted UNLESS you could buy him out and have him released from the mortgage.
http://www.ablaw.co.uk/ownership.html
However (as I in fact told you) were he foolish enough to try to do that then you could make a Counter Application under Schedule 1 of the Children Act and you woudl be given the right to remain in the property until you cohabited or your child reached the age of 18 - at which point the house would have to be sold
So no there is no immediate risk that you will have to sell - but you have already recognised the financial consequence that you will face in terms of his share
Claire
Customer: replied 3 years ago.

Hi Claire


 


There is one other thing, back in 2008 he signed all the forms to transfer the equity of the property to myself for Nil value. This was all done by solicitors but it did not go through in the end only because my Mortgage provider said no. Would this stand up in a court of law? The fact that he was willing to transfer it back to me then for nil value? Or is this totally irrelavant? I am in the process of making him an offer but need to know if the preivious correspondance and signed forms would make any difference

Expert:  Clare replied 3 years ago.
Hi
That is helpful - not decisive but helpful.
However his counter argument will be that the agreement was that he would be released from the mortgage which he was not and thus the agreement was not completed
Claire
Customer: replied 3 years ago.

Would there be any weight to it though? For example I gave him the gift of 25% share in law but he was willing to give it back to me, the mortgage company said no which was not my fault but the intention was there from his side to give it back to me for nothing.

Expert:  Clare replied 3 years ago.
Hi
As I said it is helpful in allowing you to argue that there was a clear acceptance on his part that the share was a gift based on your relationship.
Your problem is that by remaining on the mortgage as he had to his own mortgage capacity was limited - and that is where your problem will lie
Claire
Customer: replied 3 years ago.

He does not work so would never be able to get a mortgage and does not want one, he wants to apply for bankruptcy that is why he wants off the motgage no other reason.

Expert:  Clare replied 3 years ago.
Hi
Just to check - were you ever married?
Claire
Customer: replied 3 years ago.

no, nor engaged

Expert:  Clare replied 3 years ago.
Hi
That is a shame.
In fact if he applies for bankruptcy you woudl be worse off - the Trustee in Bankruptcy would expect ou to £buy out" your ex's share of the property - and if you do not then the Trustee can apply for an Order for Sale
Claire

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Kasare

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
< Last | Next >
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    204
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    133
    UK solicitor
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Solicitor

    Satisfied Customers:

    7
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    340
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/GL/Glossolicitor/2013-5-14_214834_TWMParkinsonWright.64x64.jpg Glos solicitor's Avatar

    Glos solicitor

    Family Solicitor

    Satisfied Customers:

    2
    10 years experience in all areas of family law, now specialising in cases involving social services and children
  • http://ww2.justanswer.com/uploads/UK/UKfamsol/My face July 2011.64x64.jpg UKfamsol's Avatar

    UKfamsol

    Family Solicitor

    Satisfied Customers:

    240
    Very experienced specialist family law solicitor, qualifed in 1994
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    182
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)