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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34264
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I own a property jointly as Tenant in Common with my ex-girlfriend

Customer Question

I own a property jointly as Tenant in Common with my ex-girlfriend on a 50:50 split.
I left the property 2 years ago & since then she has resided in it paying all the mortgage herself for this period.
We are looking to sell soon; am I still entitled to the 50:50 spilt as originally stated in the conveyance at that time, or does the fact that I haven’t lived there or paid the mortgage for the last two years lesson my share of equity (market value two years ago to be applied instead of current valuation, for example)?
Thank you
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Is it a repayment or an Interest only mortgage and are there any children involved?
Clare
Customer: replied 3 years ago.

Apologies in my delay in replying.

It is a repayment mortgage; there are no children involved.

If it is of any relevance, I left following a very acrimonious break up, which culminated in my calling the Police to help me leave the property safely, following my ex-girlfriend getting drunk and threatening / lunging at me with a knife.

Previously the relationship had been largely happy for a decade; the reason of the delay in sorting this out was to wait for my ex to be in an agreeable financial position to buy me out. However, this can is just getting further & further kicked down the road, thus my desire to finally address this issue.

Thank you,

Paul Sykes

Expert:  Clare replied 3 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
has there been any capital reduction in the last two years?
Clare
Customer: replied 3 years ago.

The house is worth £210K, mortgage outstanding is £112K; there will have been a small amount of capital reduction over the last two years I suppose, but the repayment mortgage is at the stage that the majority of it is paying off the interest (i don't have a mortgage statement to be more specific I'm afraid).

Thanks,

Paul

Expert:  Clare replied 3 years ago.
Hi
That is fine
Since your ex had the enjoyment of the property and you did not then the half of the mortgage she paid for you (as it were) stands as "occupational rent" for your half of the property.
On that basis you remain entitled to 50% of the equity (unless there was an alternative arrangement made at the time of the purchase)
The only reduction which could be made is in respect of any capital paid off the mortgage - which she should have the benefit of.
I hope that this is of assistance - please ask if you need further details
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you Clare

Expert:  Clare replied 3 years ago.
Hi
You are most welcome - I hope all goes well
Clare