Hi, welcome to Just Answer. I will help you with your question.
Was the solicitor acting on your behalf also, and if so, did you ever see the solicitor and take advice?
it was the mortgage providers solicitors (santander) so acting for us both, I never saw the solicitor as I was overseas and they only called me once to confirm my name, address of the property and the purchase price.
Ah okay. Well, the solicitor will likely be your solicit, acting for you (and the bank), and I assume you paid for them?
At the time he paid for the solicitor fees but I have repaid him the legal costs which came to £2000.
Okay. Well, you may very well have a claim against the solicitors here for professional negligence. They would have been acting (it seems) on behalf of both of you in connection with the purchase. They should have made sure you were BOTH aware of the position on how to hold the property - not him alone.
As such, and because of how this has been dealt with, you may both own 50:50, which isn't how it was intended to be it seems. As such, a prof neg claim might be the best way forward for you.
You should act on this immediately, as many solicitors will consider doing a no-win no-fee on this type of thing, but the law changes in April and it might prevent solicitors from entering into this type of agreement.
I would strongly suggest that you see a solicitor immediately and go through this chapter and verse with them on potentially bringing a claim and in defending any claim to an equal ownership of the property if possible.
thats good to know, I believe he has already contacted solicitors with the force of sale, I have not received any letters yet though. What action can I take against my ex partner if he goes ahead with the force of sale?
You could oppose it, the Court needs to order the sale before it can be sold. You'll have contested Court proceedings if you oppose it.
This is why seeing a solicitor and going through it is very important.
If you oppose, you'll have like a min-trial, as to whether it's appropriate for it to be sold.
What does contested court proceedings mean? How long does it usually take for a court to order a sale? Is this possible even though all mortgage payments are being met?
It means a Court battle.
From start of court proceedings to the end, in something like this, perhaps anything between 5 to 12 months.
And yes, it's possible even though mortgage payments are being met.
The mortgage payments are irrelevant as this isn't action taken by the lender.
I will make a solicitors appointment asap. with myself putting the 100% deposit and him not contributing, him signing solicitor documents on my behalf without my self viewing them and not telling me about the 0 % equity share even though the solicitors informed him, is that a strong case? He left the property I did not force him out. How does he stand with not paying his share of the mortgage?
I think you have a good case against the solicitor on the face of it. He should have written to you too an advised you of the position and your ex benefitted from his failures.
If he should have paid 50% of the mortgage and he hasn't, then you should be able to sue him for his share, OR have that taken from any proceeds of sale.
The court has a discretion when deciding whether to order a sale - and his failure to make payments, and the circumstances at the time, may prevent him from getting the order for sale. There are no hard and fast rules as such, it's a matter of the Court's discretion.
But, it's complicated by the former solicitors potential negligence, and so, it's best to get this looked at ASAP.
I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.
Thank you very much for your help and advice, I will rate your advice as excellent :-)