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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33007
Experience:  Over 25 years experience in law
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There, I have been cohabiting years. I sold my family

Customer Question

Hi there,
I have been cohabiting for 9 years. I sold my family home and put a big deposit to the house my partner and I bought. The relationship has completely broken down. The house will have to be sold as cannot afford the mortgage solely. Unfortunately, I was not aware of the cohabiting laws then and failed to protect my deposit; additionally, the house was registered as jointly owned. My ex-partner insists on having an equal share of the proceedings obviously meaning that I have lost my deposit.
I have thought of taking the matter to court but I'm aware it costly. What do you advice?
Maggie
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Ok in what capacity was the property jointly held - joint tenants or tenants in common. Was there a deed of trust? Did you pay the same sums?
Customer: replied 1 year ago.
Property was registered as joint tenancy and there was no deed of trust. My ex-partner did not pay anything towards the purchase of the house.
Expert:  Thomas Judge replied 1 year ago.
Ok the starting point is what was agreed at the time - it is not uncommon for it to be agreed that the person who pays the deposit to get that back and then the equity would be shared 50-50. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
Unfortunately, nothing was agreed. I was very much in love with my partner and believed he would always be fair should the relationship ever breakdown.
Expert:  Thomas Judge replied 1 year ago.
Ok then I think you would advance the position that you get your deposit back and then split the equity 50-50 - this is often an attractive position for the courts should such matters be disputed. Happy to discuss but please rate positive
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Customer: replied 1 year ago.
My ex-partner is putting a lot pressure on me to sell the house as soon as possible. He also threatens that if he takes the matter to court, I will have to pay his court fees as well as mine. Is this normally the case?
Expert:  Thomas Judge replied 1 year ago.
There is always a risk of costs if matters goes to court - I would be minded to get a solicitor to write to him to put him on notice.
Customer: replied 1 year ago.
My solicitor has already written to him but he takes no notice. By the way, what do you mean by 'put him on notice'?
Expert:  Thomas Judge replied 1 year ago.
Of what your position is - what you would want to settle etc
Customer: replied 1 year ago.
Ideally all my deposit but because the house has not regained its value, it would be fair if I get 2/3 of the proceedings after the sale of the house.
Expert:  Thomas Judge replied 1 year ago.
Well you should get the solicitor to put a formal offer to him
Customer: replied 1 year ago.
Thank you very much. That has been helpful.
Maggie
Expert:  Thomas Judge replied 1 year ago.
my pleasure