Force of sale

MaggieD

Hi

I separated from my partner in 2001. We have two children together. Since our split he has not paid any child maintenance, nor has he contributed to the mortgage.
He recently instructed a solicitor, demanding that I pay him £110,000 within 8 weeks or he will take the matter to court, force the sale of our house and claim half of the equity.
Does anyone have any advice on where I stand here?

Thank you

lika_86

Go and see a solicitor.

MaggieD

I have seen a solicitor, they kept me waiting for half an hour after my appointment - she said that the court may rule that he would get half as his name is on the deeds. She didn't sound as though she would fight my corner. I paid £100 and she said if I wanted further assistance I would have to open an account and pay £1000.
I can't afford to pay another £100 for a second opinion so I thought I'd see if anyone on here had any experience, or knew of anyone who had been in a similar situation

MXW

MaggieD wrote: »

I have seen a solicitor, they kept me waiting for half an hour after my appointment - she said that the court may rule that he would get half as his name is on the deeds. She didn't sound as though she would fight my corner. I paid £100 and she said if I wanted further assistance I would have to open an account and pay £1000.
I can't afford to pay another £100 for a second opinion so I thought I'd see if anyone on here had any experience, or knew of anyone who had been in a similar situation

How old are your children?

MaggieD

They are adults now, 22 and 19. My youngest will be starting university in September but he was planning on commuting as it's not far

heartbreak_star

Have you actually divorced him?

HBS x

MaggieD

We weren't married

pinkshoes

MaggieD wrote: »

They are adults now, 22 and 19. My youngest will be starting university in September but he was planning on commuting as it's not far

In which case, it is likely that you will need to sell...

Firstly, what is the property worth, and how much is the remaining mortgage?

Also, what was it worth in 2001 when he left?

I would argue that since he has not contributed since 2001, then he would be entitled to half the equity AT THAT DATE.

Or you could reply saying that you will sell and give him half the equity, but only after he has oaid his 16 years of mortgage contributions and child support.

antrobus

MaggieD wrote: »

We weren't married

In that case TOLATA will apply, aka the Trusts of Land and Appointment of Trustees Act 1996

See, for example
http://www.hunteranduro.co.uk/2016/09/23/tolata/

When you separated in 2001 was there any agreement regarding the house?

lika_86

The Jones v Kernott case sounds fairly analogous to your situation and may assist. If you get taken to court though you will need proper legal representation as the stakes are potentially huge. If you don't feel your solicitor was ready to fight your corner then unfortunately you may need to go elsewhere. Many solicitors will offer half an hour of advice free or will at least have a quick chat about your case to see if it has merit. See if any of your local ones do.

Malthusian

MaggieD wrote: »

Does anyone have any advice on where I stand here?

Your ex probably owns some of the equity in the house from the time he was paying on the mortgage. But from the limited information you have given us, half sounds unlikely.

Unless he paid the mortgage by himself for 16 years and then you separated and paid the mortgage by yourself for 16 years. (The calculation is naturally more complicated than that.)

As others have said, you need a solicitor. The one you saw doesn't sound interested in your business. Either they have lots of work, or they are just rubbish. Try another one.

A solicitor will also advise you as to whether you have any claim for backdated child maintenance, but as you managed this far without it, and the courts base child maintenance for unmarried couples on the financial resources of the parents and the needs of the children, you should manage your expectations.