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Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
As you have a joint mortgage, if the property is also owned as joint tenants, then the starting point for the splitting of the proceeds of the sale of the property would be 50/50.
You can negotiate a different split but that would need to be agreed between the two of you.
Unless you have a written contract to say otherwise, or you both agree to a different ratio from any sale, the only other way would be through litigation at court. You would have a very good case to argue that you should receive the far larger share.
If you have all bank statements then that would really assist your case. But it would still be a case of agreeing or going to court. If on the deeds you are joint owners, then if the property was sold, you would both have to sign documents, if no agreement was made, the conveyancing lawyer would pay the funds where instructed which she could insist is half to her own account.
As for the car, the V5 means she is the legal keeper, but if you are able to show that the car was purchased and paid for in your name, that would make you the legal owner.
Then you could also claim the car back via court if needed as you can show you purchased the car.
Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.
If it went to court, on face value with what you have explained, it could be better than average.
It is possible, but if it was only part of negotiations then not enforceable, there wold need to be a formal agreement, intention to create an agreement.
Your welcome. Good luck.
Sure, no problem, here to assist.
Hello, unfortunately, your last question is unrelated to the property law matter that you asked, and would require a new question being asked regarding domestic violence.