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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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Trying to get a legal letter stating sell of joint property

Customer Question

Trying to get a legal letter stating sell of joint property with ex partner. I am trying to buy a shared ownership property for me and our 2 kids but his letter from his solicitor wants me to agree that his capital gain and credit card debt should be deducted from equity before splitting 50:50 we were not married but together for 19 years and I need all my share of equity fir me and kids to get our new home. Can he enforce this and can I find another way to show I legally should get 50 percent of equity less solicitor fees on sale only. He instigated the sale saying he won't and can't pay half the mortgage
Submitted: 2 years ago.
Category: Law
Expert:  Harris replied 2 years ago.
Hi, thank you for your question. Is there any formal agreement or deed of trust in place?How old are the children and is he the father?
Customer: replied 2 years ago.
The deeds on property is in joint names and he us the father of our 2 kids who are 17 and 13
Expert:  Harris replied 2 years ago.
But when purchasing the property, did you have a deed of trust (a formal document setting out what happens on sale and if there is an unequal split of the property) or was there any intention throughout the relationship that he will be compensated in any way in relation to debts?
Customer: replied 2 years ago.
No there is no agreement on debts being split as they are all in his own name
Expert:  Harris replied 2 years ago.
Thank you. In the circumstances he is not legally entitled to anything other than how his interest is held on the title of the property - so if it is in equal joint names then he is only legally entitled to 50% of the equity of the property, as are you.However, you should also be aware that if you remain the main carer of the children then you are entitled to make an application to court either to stay in the current property for the benefit of the children until you youngest reaches a certain age (eg. finishes education) - or if the property is sold, then you can apply to court for him to financial support you and the children to obtain appropriate accommodation. You will also be entitled to apply for statutory child maintenance from the Child Maintenance Service - the calculation is based on his gross salary and how often on average the children will stay overnight with him. If you wish to receive this calculation please provide the details.If you have any further questions regarding this please let me know. In the meantime if you found this information helpful please provide a positive rating. I will not be credited for answering your question without a positive rating. Thank you
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 as I will not be credited for my response without a positive rating.