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JimLawyer
JimLawyer, Solicitor
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With differing deposits my ex boyfriend and I bought a house

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Hi. With differing deposits my ex boyfriend and I bought a house as joint tenants. He never lived there. One year later we split. He agreed I buy him out. When I got the mortgage offer to buy him out he didn't respond for six months until the offer ran out. I have paid everything for the property for the past ten years. I rented it out for one year but he objected. The property has been empty for eight years. I have paid the mortgage and all costs. We have now sold it after me threatening to get an order of sale. Will the court take any of this into consideration he is pushing to go to court under tolata for 50%?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: England
JA: What steps have you taken so far?
Customer: It has been two years to sell it. I have talked to a solicitor but I understand tolata is really tricky. He has a solicitor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not at the moment thank you

Hello, this is Jim and I’m a dual-qualified lawyer (UK & Republic of Ireland) happy to help you today.

If there is no deed or declaration of trust in place then the default position is 50/50 split. But if you can show more payments towards the mortgage then you can ask the court to depart from the default position and ask for more than 50%.

Have you worked out what your entitlement is against his? 3 property valuations should be sought so the average market price can be determined and from that you can work out the available equity.

Customer: replied 9 days ago.
Hi Jim. Thank you, We have now sold the property and the money is being held by the conveyancing solicitor so we need to come to a financial settlement. His solicitor says that under tolata he is entitled to 50%. He has not pain a penny for the property, which was empty, for 8 years.

Thanks, TOLATA is the law to determine a split of the proceeds - but like I say, the court can be asked to make a different order if you can evidence more payments. The solicitor will hold on to the sale proceeds until this dispute is resolved. The court application is £308. You can make a TOLATA claim - do you have a solicitor yourself?

It's wrong to say he is entitled to 50% under TOLATA by the way. Yes, legally he is, but TOLATA is the law the courts refer to when there is a dispute over percentage ownership.

Customer: replied 9 days ago.
How much can I expect to pay to take this through court? Will the court take into account my financial input? Will his current circumstances affect the order?

Yes, your financial input is definitely taken in to account. The court fee is £308 and that's it. It only gets expensive if you pay a solicitor to do this for you - what are his current circumstances?

It may be more cost-effective to get a law firm to write to your ex's solicitor, before court proceedings are issued. Where in the UK are you?

Customer: replied 9 days ago.
He has done similar transactions with a friend and an ex girlfriend and now owns a very expensive flat in London. I am renting as I cannot afford to buy

Thanks, the court can take those details in to account too including the fact he never lived in the property, etc.

Customer: replied 9 days ago.
Thank you Jim. I have been led to believe Tolatais very complex and inflexible, I assume you do not recommend that I present my case myself. I am in Leicestershire.

A solicitor would be a good idea - a letter from them may resolve this dispute which may save you having to issue court proceedings. I found these who should be local to you :

https://www.stevenmather.co.uk/litigation-disputes-solicitor-leicester/property-ownership-disputes

https://www.smithpartnership.co.uk/

TOLATA claims can be complex but each case is different - the dispute with yours shouldn't make it too complicated in my view.

I hope this helps? If you would kindly leave me a 5 star rating (at the top of your screen), the question will stay open and any follow up questions are welcomed.

Many thanks,

Jim

Also, I'll check back in with you in 1 day on 3/27/2020. I can also answer any additional questions that may arise. Don't worry, there's no additional fee for this follow-up.
Customer: replied 9 days ago.
Many thanks for your help. Does how much deposit he paid have any bearing? Should I offer a one off payment?

Yes, the deposit is taken in to account as under TOLATA it is a financial contribution. You could make an offer, yes. I think they're hoping that because you don't currently have a lawyer, you will just accept what they are saying / proposing.

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