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Harris
Harris, Family Law Expert
Category: Family Law
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Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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My partner moved out of the jointly shared property when he split with his ex 4 years ago,

Resolved Question:

my partner moved out of the jointly shared property when he split with his ex 4 years ago, the property was in negative equity so they could not sell. Now four years later the property is being sold and my partners ex is saying he is not entitled to anything
the equity is 40k but he has not contributed to the mortgage since they split - is he entitled to a share
Submitted: 11 months ago.
Category: Family Law
Expert:  Harris replied 11 months ago.
Hi, thank you for your question. Just a bit more information required to fully assist you:-Please confirm if they were married and if they have any children together?-Please confirm that his name still remains on the title of the property?-Please confirm if there is a formal agreement or deed of trust in place between them regarding the property?
Customer: replied 11 months ago.
They have a daughter, his name still remains on the deeds, and there is no formal arrangement or trust regarding the propertyThanks
Expert:  Harris replied 11 months ago.
Are they/were they married?
Customer: replied 11 months ago.
No they werent married, they purchased the house together and lived in it for 5-6 years, the house was fully renovated during this time. after 6 months of separation my partners ex moved her new boyfriend into the house. Since that time the house has remained in negative equity and only recently increased in value. My partner did not want half of the equity, just enough to purchase a new car, but his ex has stated that she will give him £1,000 and that is it. she did put the deposit down, which i believe was 18k, but again no formal agreement in place. Thanks
Expert:  Harris replied 11 months ago.
Thanks for confirming.Given that they are not married and there is no deed of trust or formal agreement, legally he is entitled to a share of the equity as the title is held - for example if it is 50-50 joint tenancy he is legally entitled to 50% of the equity despite not contributing to the mortgage. He should be aware that as they have a daughter, and if she is a minor, the mother will be able to make an application to court for him to financially support them to obtain suitable housing, if the mother is unable to do so. If you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2294
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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