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ukfamilysolicitor, Solicitor
Category: Law
Satisfied Customers: 1469
Experience:  Qualified Solicitor Currently specialising in Family. Also experienced in Corporate, Employment, Civil Litigation, Debt Recovery
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Myself and now ex boyfriend had a shared ownership flat together

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myself and now ex boyfriend had a shared ownership flat together we were together for 8yrs. we then split up but stayed in the flat together. i got a new boyfriend and he got a girlfriend. in may this year he said that he was moving in with his new girlfriend as she had her own house. i had a baby in july with my new boyfriend who now lives with me in the shared ownership flat, my ex boyfriend is now saying he is taking me to court to sell the flat. i am at my wits end because i have a 4 month old baby and i could soon be homeless, please could you tell me if the court would chuck me out of the flat i just dont no where i would stand i just keep crying when i look at my baby. my ex threatened me with this a few months ago and told me to get the flat valued. i got a surveyer out and the man said we would only gain £10,00 by selling. i cannot afford to give him his £5,00
Welcome to Just Answer.
I am a Solicitor and will assist you.
I can confirm that it is correct that when a property is owned as Joint Tenants that both parties are entitled to a 50% share of the equity.
It is also correct that if one party wants to realise their share of the equity then they can make an application to the court under the trust of land act fof the property to be sold and thier share of the equity to be realised.
An order that the property be sold is by no means a guaranteed order and the court will give consideration to any minor living in the property.
In reality if your ex does make an application to the court and you simply cannot afford to buy out your ex at this point - do not panic. Explain to the Judge that although you reconise that your ex does have an interest in the property - that you would aks that an order for sale is not made as this is your home and the home of your child. You can offer the court as an alternative option that your ex gives up his ownership of the property in return for a charge being registered against the property for the amount of £5k. This would mean that your ex would be paid his money in the future. If the court accepts this - it will help to resolve the situation as in reality if the matter is not dealt with shortly and the property does increase in value then your ex might be arguing in the future thae he is entitled to a 50% share of larger equity. This way all the future equity is yours and he cant do this.
Matters might be able to be agreed at mediation without the need to making an application to court. There are lots of mediaition services and there will be one local to you. You should consider making a referral to mediation to see if your ex will attend and resolve matters that way.
Kind Regards
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Customer: replied 2 years ago.
thank you for your reply. i just wanted to mention that my ex stopped paying the morgage and rent when he moved new boyfriend and i now pay the morgage and rent and have been since may. does this change anything? could you also confirm that no more money will come out of my bank as i cannot afford it
Thank you for your response.
There is a presumption that when you own the property as joint tenants that the split will be 50/50. You can argue that your share should be more but there is no guarantee.
I suggest that you sever your joint tenancy. see the link below for further information. This is very important - because if you didnt and you died and you were still joint tenants - then your share of the property including interest would go to your ex. This is known as the right of survivorship.
I also advise you to be careful in respect of your current partner. Whilst I do hope that the relationship lasts - if it doesnt and the property is in your sole name (after issue rsolved with ex) - then your new partner could also try to make a claim under the trust of land act for a share of your property. Under the current law - your new partner will be able to make a claim if:
1) he pays towards the mortgage
2) he adds value to the house by renovation or
3) he pays a deposit
If you want to avoid your new partner having a claim in the future - dont let him do any of the above. Let him pays the bills instead but not the mortgage.
This is however superceded if you marry - as the property then becomes matrimonial property.
In relation to the fee - it is not showing on my question list that you have subscribed to the service. You can simply use the service for one off advice. I dont have any admin functions - so you can call customer service to check.
Kind Regards