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ukfamilysolicitor, Family Solicitor
Category: Family Law
Satisfied Customers: 1436
Experience:  Divorce, Finances, Children, Domestic Violence, Care Proceedings
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When I meet my partner I was morgage free. I sold my house

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When I meet my partner I was morgage free. I sold my house for 124.000. We then sold and bought again. He has know left me. And because we know have a morgage. He wants half of the property. I was just inquriring if I have the legal right to ask for my 124. 000. As this is what I put in. In the beginning.
Welcome to Just Answer
I am a Solicitor and will assist you.
Please may I ask:
- do you know if you bought your house as Tenants in Common or Joint Tenants?
- can you recall if a deed of trust was created at the time?
Kind Regards
Customer: replied 2 years ago.
My house was bought out right by me. But when I sold we got a joint morgage. For the first and secound propertys. In both names. No deed of trust created.
Do you still have a copy of the land registry document from when you bought the 2nd house - so you can check if you are named jointly as tenants in common or joint tenants?
Kind Regards
Customer: replied 2 years ago.
No I do not have this. For the secound house. But do for the house I am in know. And we are joint tenants
So this is the 2nd house you have bought together and you are joint tenants - is that correct?
Kind Regards
Customer: replied 2 years ago.
This is the secound house we have bought together. And this is what he wants sold. And the remaining money arfter morgage payed to be spilt.
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.
The legal presumption is based on on how you hold the property as joint tenants and it is the courts position that they will consider that the property was always intended to be held jointly - despite the fact that you had contributed significantly to the property before that - this is because your unequal contribution was not recorded by way of being tenants in common or there being a deed of trust. It is therefore likely that if an application was made to court that a court would uphold the position that the equit should be split equally.
I know that this isn't what you want to hear!
You could always 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 that you should have a larger share. This would be the best option for you to try. 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 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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