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