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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33798
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My ex partner left our property 15 years ago he emigrated to

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My ex partner left our property 15 years ago he emigrated to australia 14 years ago he has never paid a penny towards the mortgage since then I have had no contact with him we had a daughter who he has had almost no contact with and has paid no maintenance now the mortgage has come to the end of its term he has now said I can sell the property or buy him out does he have any rights when its me who has paid maintained it all these years I would be prepared to give him a small amount but fear he is wanting half
Submitted: 2 years ago.
Category: Property Law
Expert:  Clare replied 2 years ago.

Thank you question

I shall do my best to help you but I need some further information first.
How much is the propert worth and how much was the mortgage?
How old is your daughter?
Did you pay improvements to the property?
Clare
Customer: replied 2 years ago.

The property is worth about 185000 the mortgage is 66000 when he left property was worth 75000 he wouldn't take his name off the mortgage my daughter is now 24 years old she was 8 when he left there is also 6000 in an endowment policy which is also in joint names have had no building work done to the property but I have had to pay boiler an radiators new windows an all decorating and general upkeep of the property I am desperate to fight him on this how can someone be allowed to disappear years then still think they are entitled to a share of anything

Expert:  Clare replied 2 years ago.

I should have asked - they are not married?
Clare
Customer: replied 2 years ago.

No we never married

Expert:  Clare replied 2 years ago.

Unfortunately the simple fact is that he does indeed retain an interest in the property and is technically entitled to 50% of the equity
You can challenge this through the courts and there is some possibility of success
You can read more here
http://www.slatergordon.co.uk/media/388153/cohabitation.pdf
You do have some good arguments - although the fact that he did not pay child maintenance is not a legal argument - but it is what is called an "equitable" one and that is an important part of the TOLATA application.
I know that this is not good news - but it is not as bad as you may fear.
He is a long way away and is unlikely to wish to commit to expensive legal action - something you can use to your advantage
Please ask if you need further details
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33798
Experience: I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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