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Category: Law
Satisfied Customers: 33388
Experience:  Barrister at Self Employed Barrister
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There, I have been cohabiting years. I sold my family

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Hi there,
I have been cohabiting for 9 years. I sold my family home and put a big deposit to the house my partner and I bought. The relationship has completely broken down. The house will have to be sold as cannot afford the mortgage solely. Unfortunately, I was not aware of the cohabiting laws then and failed to protect my deposit; additionally, the house was registered as jointly owned. My ex-partner insists on having an equal share of the proceedings obviously meaning that I have lost my deposit.
I have thought of taking the matter to court but I'm aware it costly. What do you advice?
Ok in what capacity was the property jointly held - joint tenants or tenants in common. Was there a deed of trust? Did you pay the same sums?
Customer: replied 2 years ago.
Property was registered as joint tenancy and there was no deed of trust. My ex-partner did not pay anything towards the purchase of the house.
Ok the starting point is what was agreed at the time - it is not uncommon for it to be agreed that the person who pays the deposit to get that back and then the equity would be shared 50-50. Happy to discuss. Please rate positive.
Customer: replied 2 years ago.
Unfortunately, nothing was agreed. I was very much in love with my partner and believed he would always be fair should the relationship ever breakdown.
Ok then I think you would advance the position that you get your deposit back and then split the equity 50-50 - this is often an attractive position for the courts should such matters be disputed. Happy to discuss but please rate positive
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Customer: replied 2 years ago.
My ex-partner is putting a lot pressure on me to sell the house as soon as possible. He also threatens that if he takes the matter to court, I will have to pay his court fees as well as mine. Is this normally the case?
There is always a risk of costs if matters goes to court - I would be minded to get a solicitor to write to him to put him on notice.
Customer: replied 2 years ago.
My solicitor has already written to him but he takes no notice. By the way, what do you mean by 'put him on notice'?
Of what your position is - what you would want to settle etc
Customer: replied 2 years ago.
Ideally all my deposit but because the house has not regained its value, it would be fair if I get 2/3 of the proceedings after the sale of the house.
Well you should get the solicitor to put a formal offer to him
Customer: replied 2 years ago.
Thank you very much. That has been helpful.
my pleasure