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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 obtained a court order to force the sale of my

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I have obtained a court order to force the sale of my property which I own as joint tennants with my ex-partner (not married)
He is contesting the order. I paid less towrds the deposit and did not contribute to the mortgage during our relationship as I was studying. I did contribute to bills, council tax etc.
Am I entitled to 50% of the equity in the property?

Hi, thank you for your question. Was there a formal agreement or declaration of trust in place in relation to the unequal contributions?

Customer: replied 1 year ago.
Hi Harris,
No there was just the standard joint tenancy. We did not change to tenants in common with unequal shares, though the option was given to us.

Thanks for confirming. As there is no formal agreement and you hold the title as joint tenants you would each be legally entitled to 50% of the equity. This can only be departed from if he can demonstrate that there was a clear intention that the equity split would be unequal and he would have to pursue an application to court to obtain a greater share.

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