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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33300
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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My girlfriend and I split up 6 years ago, we had a joint mortgage,

Customer Question

my girlfriend and I split up 6 years ago, we had a joint mortgage, we came to a verbal agreement at the time when she decided to leave our home and she took a figure of money from me as her settlement on our house, although her name stayed on the mortgage she has had no further dealings with the house or me sonce we split. now the house is for sale and she wants half of the profit, what is she entitled to?
Submitted: 10 months ago.
Category: Family Law
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Welcome to Just Answer
I am a Solicitor and will try and assist.
Please may I ask:
- do you own the property as tenants in common or as joint tenants? Any trust deeds?
- how much do you pay out? Was this recorded?
- what is the equity in your property? At the time you split and now.
Kind regards
Caroline
Customer: replied 10 months ago.
The mortgage is in joint names there was very little equity at the time the house failed to sell at £165000 the mortgage balance was and still is £157000 on an interest only mortgage. I have the records of the money she took which was £6000 the house has now sold for £185000 it has been rented out periodically since we split and I have covered all costs even when the property has been empty and when maintenance was required we agreed
Expert:  ukfamilysolicitor replied 10 months ago.
Hello
Thank you for your response.
You do need to find out if you are tenants in common or joint tenants as this does affect how the property is held.
Basically if you are joint tenants then you are each entitled to a 50% share and tenants in common are unequal share.
I imagine that your ex is still listed as a joint tenant on the land registry - hence holding you to ransom now.
I suggest that you try and get hold of the purchase file to check the position.
Its good to hear that you can prove what you paid.
It would seem unfair for her to take a second bite of the cherry - so to speak. In legal terms she can actually do this - because she is still a joint owner. The court does presume that joint tenants are each entitled to a 50% share but the law of estoppel should be applied when she has already been paid out.
It is my suggestion that you consider referring your case to family mediation - see if an agreement can be reached without making an application to the court.
If your ex wont agree - then your going to have to make an application to the ocurt for the following 2 things:
1) declaration as to your respective interests in the property and
2) order for sale of the property.
You make such an application ot the court on a Claim Form Part 8. Send to local county court. Court fee is £280. Judge will decide how much you both own.
Kind Regards
Caroline
Please kindly remember to rate positively so that we receive credit for our work
Expert:  Clare replied 10 months ago.
Just to clarify some of the above.You can be Tenants in Common and still hold the property in equal shares - it is about how that share is passed on not whether or not the shares are equal.However you cannot be beneficial Joint tenants in unequal shares as what it denotes is that when the first person dies the survivor will inherit the property automatically - which is why you should have "severed the joint tenancy at an earlier stage"Whilst she remains on the title deeds you do have clear evidence that there was an agreement provided you can prove the payment of £6,000.

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