Ask a Family Law Question, Get an Answer ASAP!
I am a Solicitor and will assist you.
Please may I ask:
- is the house is you ex's sole name?
Thank you for your response.
You have detailed considerable contribution towards the renovation of your ex's property - so you can establish a claim under the Trust of Land Act for an equitable interest in the property even though the house is in your ex's sole name.
Unfortunately the rent you have paid wont be recoverable and neither will the household general expenses - as a Trust of Land Act claim only arises from a deposit being paid, direct payments towards the mortgage or adding to the value of the house through renovation.
First thing to do is to consider referring to family mediation. There are lots of family mediation services and there will be one local to you. Just google family mediation in your area and give them a call to get the ball rolling. This is strictly necessary but you may be able to reach agreement at mediation as to the extent of your interest in the property and also when you will receive your share back.
If mediation doesn't work - then you can apply to your local county court using Claim Form Part 8 for a declaration as to your interest in the property.
let me know if I can help you further.
There is no issue with you remaining to live at the property - as long as things remain amicable.
You can choose to deal with the Trust of Land Act claim later if things are amicable now.
I hope things work out for you.