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F E Smith
F E Smith, Advocate
Category: Law
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Experience:  I have been practising for 30 years.
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My partner has left me he paid the mortgage I paid the bills

Resolved Question:

My partner has left me he paid the mortgage I paid the bills if I pay off the mortgage can he make me sell the house. There are no children
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.

Is the house in joint names?

If so, then he can make you sell the house provided there is enough equity in the property to pay off the mortgage. In cases like that, regardless of what you both put in, if there was no agreement to the contrary, the sale proceeds will be split 50-50.

If it is not in joint names, it depends what financial claim he could make against the house as to whether he would have a chance of forcing a sale. It would defend therefore how much mortgage you paid and over how long as to whether he would be able to force a sale to recover any money which he had invested in the property.

If we could have the background detail, including what he is threatening, that would be useful.

Customer: replied 8 months ago.
He left me for someone else but continued to pay the mortgage.I lived in the house for ten years before I met him then we remortgaged in joint names.It doesn't seem fair that he can take half when it was his desicion to leave.We are not communicating at the moment I just wanted to know my rights before I do anything
Expert:  F E Smith replied 8 months ago.

Thank you. Even if you are married, it doesn’t matter why he left.

The house is in joint names and he has an equal share in it even though you had an equal amounts of money could into the property. It would be different if there was an agreement, when you remortgaged, about what would happen when the property was sold. Because you are putting vastly different amounts of financial input into the property you should have effected a deed of trust to preserve your share. In that respect, depending on when you remortgaged, you may have a negligence claim against the solicitor the solicitor didn’t advise you that you would in effect be giving away half of whatever you had in the house.

You would be entitled to have any capital payments or improvements which you made after the breakup taken into account.

There is case law on that. I agree with you that it’s not fair but that’s what the court decided . The Leading case is Kernott v Jones.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8987
Experience: I have been practising for 30 years.
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