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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11751
Experience:  30 years as a practising solicitor.
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My ex husband and I jointly owned a property which neither

Resolved Question:

My ex husband and I jointly owned a property which neither of us lived in. I paid the mortgage for 2.5 years without any contribution from him, finally he decided to rent out property, he wrote to my solicitor at the time and agreed to pay the mortgage monthly with the rental imcome. The tenants left after 6 months and it was then I discovered that no rent had been paid and he refused to give me my half of the rental income so I could at least make up some of the shortfall. I repeatedly asked for details of the rent/deposit etc but nothing forthcoming. he used an approved rental agents so evidence does exist but they say they cant send me the details as my ex husband has left strict instruction not to! Is this theft, fraud or has he pulled another fast one? I know it will only be a couple of thousand but now after 3 years of this I admit I do want justice.
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

This is basically a breach of partnership law and you can sue him for an accounting and payment of your share of the rental income.

You can also apply to the court for an order to sell the house and for payment of your share of the proceeds as well as his share of the mortgage and running costs that you have met on his behalf over the period.

Happy to discuss further, but you should see a solicitor.

In addition, as a co owner of the property, you might want to go a bit harder on the letting agency which has let out your property and has failed to account to both owners for the monies received. Irrespective of your husbands instructions you are entitled to know what they have been doing with your property.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

The house has now been sold but with negative equity. He has no money so no money to recompensate me came my way. Can I still claim against him even though the property is sold? I have asked repeatedly for my half of the rental money but nothing forthcoming. what is a partnership law?


Thanks


Lorraine

Expert:  JGM replied 4 years ago.
You and your husband were in partnership to the extent that there was a house which was let out and there was a rental income. As equal owners you were entitled to equal earnings from the rent and were liable for equal costs of mortgage etc.

So if you do a spreadsheet of what you contributed and also any contribution by him and then take into account the rental income you should be able to calculate who is due what to balance out you're interests. This will be the extent of your claim against him.

However if he has no money you could be wasting your time of course.
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