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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 856
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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I am joint owner of a property with my partner of 13 years

Resolved Question:

I am joint owner of a property with my partner of 13 years who has now decided to leave and do her own thing. We have two children together but are not married, and do not live in the house. We rent another house together which she intends to move out of. When we bought the house we own 10 years ago I paid a 50k deposit, and it is written into the agreement that I would get this back before any equity is split.
My question though is whether she is entitled to half the remaining equity? The reason I ask is that the mortgage and bills have always been paid from my salary into a joint account and then out to the mortgage provider. She has never paid any money from her salary into this joint account. Do I have an argument to say that as she has not contributed she is not entitled to half the remaining equity?
Submitted: 1 year ago.
Category: Law
Expert:  ukfamilysolicitor replied 1 year ago.
Welcome to Just Answer
I am a Solicitor and will assist.
From your description it is my understanding that you own the property as Joint Owners and there is a deed of trust in respect of your deposit.
As you are not married this type of matter is covered by the Trust of Land Act. In respect of your deposit - this will be as per the deed. In relation to the rest of the equity - if you are Joint Tenants then the remaining equity will be split equally. If you are Tenants in Common the remaining equity will be split as per the shares you agreed at the time.
Whilst I note that you have been the one who has paid the mortgage and whilst it is possible to issue a trust of land act claim for a declaration in respect of the interest you hold - the court will give high regards ***** ***** original agreed position.
You can check your land registry deeds to confirm the position as to whether you are tenants in common or joint tenants. If the land register document has the words 'no disposition without' then your more than likely Tenants in common.
Please also be aware that as you have children together - if your ex needed a home for her and the children then she could issue a claim under Schedule 1 of the Children Act in respect of a transfer of a property for provision for the children. If the court made such an order then it would only be til the children reached an age of majority - then your interest would revert back to you.
Kind Regards
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