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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34277
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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My ex partner and I bought our 2nd home tougher on 1996 the

Resolved Question:

My ex partner and I bought our 2nd home tougher on 1996 the title deeds or in his name only but both names on mortgage we split in 2002 I have being paying all the mortgage and upkeep of the property we have three children the youngest now 19 who has a moderate learning difficulty, we did agree a 70/30 between ourselves split in my favour , now he is demanding I sell and he wants 50/50 split would I have any rights if it went to court.
Regards ***** *****iter
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Who has been living there?

Customer: replied 1 year ago.
My self and three children, who are now all over 18, my daughter now has her own place but the other two still live with me
Expert:  Clare replied 1 year ago.

Is it a repayment mortgage?

Customer: replied 1 year ago.
the mortgage is in joint names
Customer: replied 1 year ago.
Yea it's a repayment mortgage I. Joint names
Expert:  Clare replied 1 year ago.

How much capital have you repaid since he left?

Customer: replied 1 year ago.
Would just like advise on the situation from my first question please
Expert:  Clare replied 1 year ago.

Unfortunately the answer to my query is essential to giving the correct reply to you.

I am afraid that he can indeed force the sale since your youngest is over 18.

The starting point for division of the proceeds of sale is 50/50.

However you may be able to obtain a larger share partly based on the agreement that you though had been made - and partly based on the fact that you

have paid a considerable amount off the capital - hence the query

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Ok thank you I do not know the amount of capital I have paid only that I have been paying the mortgage for the last 14 years was just concerned because my name is ***** ***** the title deeds thank you for your help. Regards Linda
Expert:  Clare replied 1 year ago.

If your name is ***** ***** mortgage it would be very odd if your name was not on the deeds - are you sure it is not?

Customer: replied 1 year ago.
I am sure on that
Expert:  Clare replied 1 year ago.

have you looked at the Office Copies recently?

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