Hi, thank you for your question. Please confirm:
-Are you in England or Wales?
-Is the property held as joint tenants or tenants in common?
-Are there any deeds of trust or formal agreements regarding the property or contributions?
Thanks for confirming. As you are not married and there is no formal agreement regarding contributions you are both entitled to a share of the equity in accordance with how you hold the title - so if it is joint tenants you would be entitled to 50% and her sole contribution to the mortgage will not impact this unless she can prove there was an intention between you to entitle her to a greater share. Furthermore, given that you were excluded from the property and it has been used solely by her you could also make a claim for occupational rent due to you not enjoying the use of the property.
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My name is ***** ***** I have been a solicitor for more than 30 years.
To add to the above
For clarity the fact that she alone has paid the mortgage means that any claim for Occupational Rent is not likely to succeed
In addition if it is a repayment rather than an Interest Only Mortgage the she will be able to claim credit for any Capital repayments that she has made
You have not said if the reason you have not insisted on a sale is that there is a child involved - if so the above assumes that you have paid child maintenance
If there is no child you may wish to consider forcing a sale sooner rather than later
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