Hi, thank you for your question. Just a bit more information required to fully assist you:
-Is the title of the property definitely in joint names between you, if so is it as joint tenants or tenants in common?
-Are there any formal agreements or deeds of trust regarding the property?
You will need to check to make sure that your name is ***** ***** title, you can do this here: https://www.gov.uk/search-property-information-land-registry and request the title deed for £3.
In any event, as long as your name is ***** ***** title of the property and in the absence of any formal agreements between you, you are both entitled to a share of the equity as held on the title - therefore if it is in equal shares you would be entitled to approximately £46,380 (less any costs of sale). If she wishes to pursue a claim due to your non-contribution to the mortgage it would be difficult to claim this if she cannot prove that there was an intention between you to increase her share due to the contributions. Furthermore, you would have a counter-claim for what is called occupational rent due to you not occupying the property and it being used for her sole benefit.
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 your question without a positive rating. Thank you.
If she pursued an application to court it will not be in her interest as she will not be able to obtain a transfer of the property to her sole name without compensating you for your interest - their threat would therefore be without merit.
I would suggest that you think about instructing a local solicitor to draft a response to them outlining your legal interest in the property and to seek an amount that is appropriate to settle your interest.
My name is ***** ***** I have been a solicitor for more than 30 years
To add to the above I fear that my colleague overlooked the fact that the property was used as the home for your child during the period after you moved out.
This makes it unlikely that any Occupational Rent argument would be successful AND in addition she WILL be able to claim credit for any reduction in the capital outstanding on the mortgage.
You will receive something - holding out for 50% could be unwise.
I appreciate that - and that is why you will be able to force a sale - but it is highly unlikely that you will get 50% of the equity base don what you have said in the question