Ask a Law Question, Get an Answer ASAP!
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.
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?
Please don’t forget to rate the service positive. It is an important part of the process by which experts get paid.