Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I ask if you and your partner agreed any formal declaration of trust deed to regulate your respective ownership of the property please? If not did you otherwise specify who owns what share of the property?
Customer: We have a joint mortgage split 50% each. We have put exactly the same amount if money into the partnership for the deposit and legal fees. The current situation is that he has moved out of the house and said he will only contribute to half of the mortgage payment and nothing else eg. Council tax, tax water rates, utility bills.
Thanks. For the avoidance of doubt there is no formal agreement as to anything other than a 50/50 split between the two of you which is the starting presumption in law?
Joshua : Thanks
Joshua : The starting assumption in law would therefore be that
Joshua : ... you own the property on a 50-50 basis and from what you say, there is no reason to depart from this based on financial evidence as you both contributed equally towards the property.
Joshua : If either of you wish to realise your interest in the property, then neither of you can do so without the others consent - i.e. it requires both of you to agree to any sale of the property or otherwise.
Joshua : if one of you wishes to take cause of action against the others wishes as is the case here for your partner, then he would require your consent or failing which would need to make an application to the County court under the Trusts of Land and Appointment of Trustees Act. under this legislation, a county court can order that you either buy out your partner's share or that the property is sold on terms ordered by the court. such an application will not be entered into lightly because it will incur court fees and would also take several months to see through and on the basis that you shortly hope to purchase your partner's share in the property, such an application would be pointless for these reasons
Joshua : in the meantime, the property cannot be marketed or sold without your permission and should your partner attempt to do so, all you need do is contact the relevant estate agents to notify them that you are joint owner of the property and that you do not agree to the property being sold or marketed and the agents will need to remove any listing
Joshua : either of you have the right to allow someone into the property so your partner could show someone around for the purposes of a valuation without your consent but this is as far as he could proceed in terms of any sale or marketing as above.
Joshua : Is there anything above I can clarify for you?