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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1380
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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My partner and I split 3 years ago and have joint names on

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My partner and I split 3 years ago and have joint names on the mortgage. It was 100% mortgage so no deposits were paid. And if anything we owed more than the house was worth when he moved out. He has not lived here or paid a penny for the house in the last 3 years which I have paid approx £29000. Whilst supporting his 2 kids with not a penny from him. Now trying to get him off the mortgage. But surely he isn't entitles to any money when he hasn't lived here or paid a penny for the last 3 years
Welcome to Just Answer
I am a Solicitor and will try and assist you.
Please may I ask:
- do you know if you are joint tenants on the property or tenants in common?
- was there a deed of trust?
- is there any equity in the property now?
- will you ex agree to remove his name and interest in the property?
Kind Regards
Customer: replied 2 years ago.
He agrees to remove his name but now I think he is after money from it, there is roughly £20,000 equity in the house but I've paid more than that in my own the last 3 years. Not sure it was all just joint I think
Customer: replied 2 years ago.
He is on benefits now and doesn't support his kids, apart from the £2.50 a week! So will go after any money possible even if the only way of getting him off the mortgage is having to sell the home in which my kids are settled
Thank you for confirming that for me.
This type of property dispute, between unmarried couples, is dealt with under the Trust of Land Act.
The normal legal presumption when a property is held as joint tenant is that each of the owners (that being you and your ex) are entitled to a 50% share of the equity in the property.
That being said, given that over the last 3 years your ex has not contributed towards the property, whereas you have contributed substantially - you do have scope to argue, if this case when to court, that you should have a greater share in the equity in the property, over and above 50%. This is known asking a court for a declaration as to the interest that you own in the property.
If your ex wont agree to sign the property over to you then you should consider issuing an application to your local county court asking the court to declare the interest that you have in the property. It is always worth considering trying to resolve such an issue without the need to make an application to court. Mediation may be able to help you and your ex agree in this regard. There are lots of mediation services and there will be one local to you. You can google Family Mediation in your area and give them a call to get the ball rolling.
It is possible that your ex could ask a court for a sale of the property to realise any interest he may have. This would not be easy for him given that there is only a little equity in your home and due to the fact that your children are residing in the property. The court can decide both issues (who owns what, and if the house should or should not be sold) at the same time.
It is also my advice to you that you consider severing the joint tenancy right now. This link will show you how. It is quite important to consider doing this - as if you did not and your were to pass away, then your ex, as the joint tenant, would automatically inherit your share of the property - which you may not want to happen. This is known as the right of survivorship.
Kind Regards
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Customer: replied 2 years ago.
Thank you for your advice. How much is it likely to cost to take this to court?
This type of application is classed as a non money claim and the court fee to issue at your local county court is £280. This is started by completing a Claim Form Part 8.
You may qualify for a fee remission on the court fee. This depends on your financial circumstances. See Form EX160.
If you wanted to be legally represented in these types of proceedings then you would be looking at legal fees circa £5k. It is however possible to represent yourself in these proceedings.
Legal aid is only possible if your ex has been physically, financially or emotionally abusive towards you in the 2 years - see this link:
Kind Regards
Customer: replied 2 years ago.
Thank you for your help
Your welcome
Please do not hesitate to ask if I can assist further
Kind Regards
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