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Hello, my name is Marcus.
When you transferred the property into joint names did you enter a declaration of trust to reflect your contribution at that point.
Is the mortgage interest only or capital repayment.
So that will be the staring point.
We now apply what is known as equitable accounting.
Firstly you can claim to be deducted from his share as per the deed a figure equal to half of the capital reduction of the mortgage since the date of separation. Your lender can most likely provide the information. So you need to known what the mortgage was at the time of separation and what it is now. Then half of the difference is deducted from his share and given to you.
If you have made any significant improvements then half of the costs of the same can also be deducted - but not for routine maintenance.
Finally as for the interest element of the mortgage payments that is more difficult to claim back as technically he would be entitled to occupation rent. This element depends on the the circumstances in which you separated.
Firstly as regards the interest element not the mortgage on how you describe you would be unlikely to get any credit.
The test is if you were forced out and prevented from returning then you are entitled to occupation rent and as such that is off set against the interest element of the mortgage.
As for the other matter relating to him being overseas when was the last time you had any contact.
You can apply to the court for an order for sale to yourself. All you need to demonstrate is that you have attempted to find him - most likely by way of instruction of enquiry agent in Australia - and if they say they cannot locate him then the court are likely to be satisfied.
The court can also in such circumstances sign sale documents on his behalf.
I would be most grateful if you could kindly accept my answer to enable me to get for it.
If you have any further questions please do not hesitate to ask.