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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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I have a shared home with my ex partener. She is still

Customer Question

Hi, I have a shared home with my ex partener. She is still living in the home and makes the monthly mortgage and rent payments (part rent, part by property) with her new partner. I rent my own property.
I havent contributed to the mortgage since 2011 as I'm paying my own monthly rent. The verbal agreement was that they were going to get themselves in a position finacially where he could replace me on the mortgage. the last time they tried he was declined.
Can I foce sale of the property? Am I still eligable to 50% of the profit from the houses sale?
Thanks in advance
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thanks for your question.
Are you/were you married to her? If not, do you have a declaration of trust prepared regarding the property, or a cohabitation agreement?
If there is no agreement then your respective shares in the property will be as held on the title and if she does not agree to a sale then you can make an application to court to force a sale.
Please let me know if you have any further questions regarding this.
Customer: replied 2 years ago.
Hi Harris,Thankyou for the response. We were not married and there is no declaration of trust or a cohabitation agreement.Would this still be the case if She and her partner have paid for home improvements since I left the property?
Expert:  Harris replied 2 years ago.
On the face of it, the property is to be split as per the title. However, she and potentially her partner, may argue that the improvements - especially if they contributed to an increase in the value of the property - should entitle her to a greater share, or her partner to a resulting share of the property.
Customer: replied 2 years ago.
Ok, would they not have to inform me of any work that is being done to the property?
Expert:  Harris replied 2 years ago.
As you have a legal interest in the property, they should be informing your of any major works or renovations.
Expert:  Harris replied 2 years ago.
Hi, this question remains open. If you found my information provided helpful please could you rate my response positively so that the question can be closed.