Hello, thanks for your question.
My name is Tony, I can help you with this.
Are both your names on the register to the property?
Okay. And did you agree who would be entitled to what when you bought the home?
Do you remember when you bought the house, that you signed a transfer form at the conveyancing solicitors? There are usually three boxes asking you how to want to own the house - as joint tenants, tenants in common, or something else? Can you recall what you ticked?
Okay. This is the usual case for people that are not married. And if so, then did you agree anything other than 50:50?
Okay. And why did he not pay half the mortgage?
Okay. Well, the starting position is that you get 50:50, as this is what you agreed at the outset.
However, it's never that simple. It is possible that the Court might do something different, and recognise that he has not paid the mortgage payments.
It can be harder now, following a case called Stack -v- Dowden, in which the Court held that the legal title and declaration on the TR1 (the 50:50) is conclusive in the absence of fraud or other agreement. However, if your intentions change as time goes by, then the courts can recognise that by changing the beneficial interests (Jones -v- Kernott). Here is a really useful article on this which you will find very interesting and useful: http://www.justanswer.co.uk/family-law/84egu-process-renting-house-bought.html?src=nql
Sorry - that's the right one.
Do you want to ask me anything more about this?
Okay, thank you for your question today.
Please do remember to rate the answer for me at the end of the chat session.
Are you satisfied with the answer given?