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Hi, thank you for your question. Just a bit more information required to fully assist you:
-Are you married to your partner?-Do you have any children together, if so their ages and proposed arrangements?-Who is now living in the property?
Thank you for confirming. A few more details:
-Are there any formal agreements or deeds of trust?
-Is the property held as joint tenants or tenants in common?
Thanks for confirming. In these circumstances, given that you are not married and there are no formal arrangements, then you would need to consider applying to court to settle this issue. Legally you are both only entitled to your share of the equity in accordance with how you hold the title. So if it is joint tenants, it will be an equal split.
As she has refused your offer to pay the mortgage, she could be at risk of having the property repossessed and you will need to think about whether a court application should be pursued to force a sale of the property as it appears that she cannot afford to maintain the outgoings of the property and having the property repossessed will impact your financial interest in it.
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