How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Hi there I need some advice on a property I jointly own with

Customer Question

Hi there I need some advice on a property I jointly own with ex partner who has not contributed to repayments since we broke up. This was October 2008. I want to sell the property but my ex is being extremely difficult in coming to an agreement on what she should get. The deposit was fully paid by myself and full refurbishments also paid for by my self. I currently reside in the property. When we broke up it was agreed that she will get back what she put in in terms of contributions and paying half the re payment mortgage for 14 months (part interest part repayment) of which interest is non refundable. What's my legal standing what can I do to not get ripped off in the courts, what form would I need to go to court on this matter.

Thanks in advance
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

may I ask if you and your ex partner are or were married please and whether there are any children involved from your relationship?

JACUSTOMER-z94e4mdt- : We was not married. We had a child that was born 2007 6 months after the purchase. She has been withholding contact and been fighting a losing battle in court since 2009.
JACUSTOMER-z94e4mdt- : Thank you
Joshua :

Thanks. Where is your ex partner presently living? Do you pay any support for your child? Does she have sufficient resources to support herself and your child including housing requirements?

JACUSTOMER-z94e4mdt- : Hi there
JACUSTOMER-z94e4mdt- : She currently lives in her own home. I have no contact via maintenance. I had savings for my child but lost job and currently need to sell up.
JACUSTOMER-z94e4mdt- : She works and managing fine and does not want nothing from me as said in a statement. I have argued her frivolous spending habits and is purposely not paying loans that are being chased at my address
JACUSTOMER-z94e4mdt- : i was used for a baby and she walked away from the property and left me to struggle on my own
JACUSTOMER-z94e4mdt- : almost losing the property
JACUSTOMER-z94e4mdt- : I send my child clothes of which the ex sells on eBay of which I have screen shots of.
JACUSTOMER-z94e4mdt- : New with tags never used.
Joshua :

thank you. Finally, when you purchase the property did you enter into any form of formal declaration of trust or was anything else agreed as to your respective ownership in the property? If not, you mentioned that agreed when you split terms as to repayment in respect of her interest in the property. was this agreed in writing?

JACUSTOMER-z94e4mdt- : We entered on a mutual agreement but verbal. The proof of the amount she put to that point was indeed sent on text message and I have that proof only.
JACUSTOMER-z94e4mdt- : It was me whom paid all bills and refurbishment. Up to the value of 60k
Joshua :

thanks. Do I understand that she is no longer satisfied with that agreement and wishes to claim more or that she remains happy with the agreement but that it is you that is not satisfied with it

JACUSTOMER-z94e4mdt- : She is claiming to me she wants half
JACUSTOMER-z94e4mdt- : lim not happy with no where near half as her investment was nothing but paying half mortgage.
Joshua :

Thanks. If your ex is a joint owner of the property and you did not enter into a declaration of trust unless you have any other evidence to show how you agreed to own the property together, then the recent decision in the case of Kernott makes it quite clear the starting point for ownership is 50% / 50% in terms of shares in the property. However this can be shifted if you can show by reference to financial evidence or written agreement that you had no intention of making a gift of any part of your deposit to your then partner.

Joshua :

You are both jointly and severally liable for the mortgage on the property however, for the period in which you have had sole occupation of the property, your ex-partner may be entitled to something known as occupational rent. This is effectively something the courts have invented to provide that a joint owner of the property that is not resident can be compensated for your sole occupation of the property. in practice, this is typically provided by ruling that you are responsible for the interest element of any mortgage

Joshua :

if you can demonstrate by reference to financial evidence that there was on the balance of probability no intention on your part in gifting a share of your deposit to her that it is possible as above to rebut the presumption of 50-50 ownership. The sorts of evidence that the courts will consider looking at are how you managed your respective finances, did you keep your accounts finances separate, whether any exchange of emails or other evidence to suggest that you had managed your affairs separately throughout your joint- ownership and so on.

Joshua :

You can read the case of Kernott here: http://www.bailii.org/uk/cases/UKSC/2011/53.html

Joshua :

Another case of Stack v Dowden is relevant too: http://www.bailii.org/uk/cases/UKHL/2007/17.html

Joshua :

if you cannot agree on a settlement figure between you, you have a a right to apply to the courts for an order for sale or that you buy out your ex-partner's share in the property under the Trusts of Land and Appointment of Trustees Act. the courts have the power to make a determination as to your respective shares in the property on the above basis and can make orders as to your ex-partner transferring her share to you at the price determined by the court

Joshua :

However all of this is subject to what follows because there are children involved. In addition to maintenance, you will need to be mindful that your ex-partner can if you cannot agree as above also apply under schedule 1 of the Childrens Act in respect of adequate maintenance for your child and a judge has discretion to make orders in respect of the property for the benefit of your child until they reach 18 years of age or finish education. this is relevant in respect of the property as a judge can consider an order that the property is made available to your children until such time as they reach 18 or finish education or some other financial order in respect of the property whereby a greater share of the equity is made available to your ex-partner. The judge's determination will depend greatly on your individual levels of income and circumstances.

Joshua :

A principle aim of a judge will be to secure a home for the children. Once that is achieved the focus will switch toward reasonable maintenance provision. In terms of child maintenance in general terms the highest net weekly income that the Child Support Agency can use for the purposes of a calculation is up to a maximum of £2,000.00. After this an application to the court would be required for a "top-up" under schedule 1 of the children's Act. They will look at 20% of his net income for maintenance less a discount for nights they may spend with him.

Joshua :

There is a useful calculator you can use to see what the CSA would likely assess as the due maintenance if you were to apply to them:

http://www.cmoptions.org/en/calculator/calculator.asp

JACUSTOMER-z94e4mdt- : I can provide full proof that I have maintained and paid all bills. Even though she did not put a deposit and we were tenants in common my argument is that she only paid half mortgage whist living
Joshua :

accordingly, if you cannot agree between you as to settlement figure, much will depend upon the quality of evidence you can present which demonstrates that you kept your finances separate and show that there was no intention on your part to make gifts of your deposit to her. In addition, there is the added complication of your child insofar is the possibility she may make a schedule 1 application as discussed above which can impact upon property. Accordingly, if you are unable to reach an amicable agreement as to settlement, if you decide to pursue the matter in court, it is important that you are properly represented as presentation of the above evidence and arguments is a skilled task

Joshua :

you may consider making an appointment to see a solicitor that specialises in TLATA and Childrens Act matters. many will offer a free initial consultation. You can find appropriate specialist solicitor locally using the following link:

Joshua :

http://www.resolution.org.uk/

Joshua :

is there anything above I can clarify for you?

JACUSTOMER-z94e4mdt- : We can't agree its past that point
JACUSTOMER-z94e4mdt- : Bank statements no joint account as we wasn't married.
Joshua :

separate accounts can be very helpful as evidence As above. I would recommend that you spend 20 minutes or so reading the above cases as you will see they are very pertinent and they will help you to understand what the courts look at in more detail

JACUSTOMER-z94e4mdt- : Can I get a reply later whilst I go through the current information.
JACUSTOMER-z94e4mdt- : Snap
Joshua :

Yes certainly...If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me.to your account and you can return to it at any time if you have any further follow-up questions on the above. There is no additional charge for asking further follow-up questions on the above

JACUSTOMER-z94e4mdt- : I have sme other papers I can find wen I get home that can clarify my position clearer
Joshua :

If I can assist any further as the situation develops please do no hesitate to let me know.

JACUSTOMER-z94e4mdt- : I can't rate as this information may not be of use to my current situation. May I do this when I'm home
Joshua :

You can return at a later date to do so.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice