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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2287
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I am currently on a mortgage with my ex boyfriend.

Resolved Question:

Hello,
I am currently on a mortgage with my ex boyfriend. We were together for seven years and bought the property together two and half years ago. I wanted to sell it when we broke up but he did not want that as he would never get a mortgage again. The deposit for the flat was gifted to us both. I work in Singapore and pay rent here for my flat. I agreed he could stay on in the flat and just pay the mortgage which is 850 pounds. We could rent it out for 1300 pounds at least a month. He did not want to rent it out either which I would have preferred. I needed to clear some debts two years ago and asked for him to buy me out for 30000 pounds but he could not do this at the time.
I am now in a position whereby I need to sell the flat. I am on the mortgage but i do not live there. I am just wondering where I stand legally and what I am entitled to in the event of a sale. Over the years he has given me bits of money that have helped pay interest on some debts so that i did not have to force a sale and he could remain living there. The whole situation is messy. If he has been paying the mortgage and living there dos it mean he entitled to more than me profit wise. The flat has made money. We bought it for 230000 and it is valued at 400000 pounds. Of course this is just an estimate. In the event of a sale I agreed to give him back the deposit his parents gifted to both of us and any expenses they paid to secure the sale.
Can you advise what I would be entitled to if anything at all?
Submitted: 10 months ago.
Category: Law
Expert:  Harris replied 10 months ago.
Hi, thanks for your question. Just a bit more information required to fully assist you:-Was there a formal agreement or deed of trust entered into setting out that his higher contributions would entitle him to a greater share of the property?
Customer: replied 10 months ago.
No formal agreement or deed of trust. Just some emails between us.
Customer: replied 10 months ago.
No solicitor was ever involved
Customer: replied 10 months ago.
the arrangement changes all the time and we sometimes think we might get back together
Customer: replied 10 months ago.
I need to put a stop to all of this now because it is no longer healthy for us
Customer: replied 10 months ago.
Hi,Are you able to help me here or should i request a refund? I have given more information.Thanks
Expert:  Harris replied 10 months ago.
Thank you for the further information and apologies for the delay in responding.Given that there are no formal agreements or deeds of trust, and that you are not married, you are legally entitled to a share of the proceeds in accordance with what share of the title you hold - so if it is as joint tenants you are each entitled to 50% of the proceeds of sale despite the increase in contributions towards the mortgage from him.If he does not agree to a sale then you will need to pursue an application to court to force a sale under the Trusts of Land and Appointment of Trustees Act 1996 using form N1 and a £355 court fee.I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you
Expert:  Harris replied 10 months ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively using the stars at the top of this page as I will not be credited for my response without a positive rating.
Harris, Law Specialist
Category: Law
Satisfied Customers: 2287
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
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