I deposited £40,000 and ex partner did not contribute anything. He is refusing to sell

Jennyedwards

Hi I bought a house jointly with my ex partner 2 years ago. I deposited 40k and him nothing. I paid all the bills and morgage, council tax and food ect all out of my bank. He paid 300 a month into my account.
We have split up and I did not get a deed of trust written up before we bought the house.
I have had a deed of trust written up now just saying I get my 40k back and we split everything else. He is refusing to sign and sell.
I have offered him 5k to take his name off.
I have also asked him to pay me 40k and I will take my name off and move out asap.
Any help much appreciated. We have shared care if the children and I have had to take out a non molestation order on him for harassment.

TBagpuss

Unfortunately if you did not get a declaration of trust at the time, then the presumption is that you are each entitled to 50% of the net equity.

Jennyedwards

Even after just 2 years. I paid that 40k off a house I had on my own for 15 years. And I have paid all the bills and morgage on this new house alone. With him paying only 300 a month into my account. Which he would of eaten alone in a month. Not to mention I payed for all house decoration and upkeep repairs. And clothing children etc.

Jennyedwards

I also have proof of the 40k and prove of all bills going out of my account. Do you think 2 solitors could resolve this with a payment. Instead of going to court

Comms69

Solicitors don’t resolve things; clients do.

I actually think that you have a reasonable case for the £40k; the rest you should be prepared to split 50/50.

BUT given that you won’t have paid much off, it may be wiser to offer him 10 from the 40; instead of solicitors getting it- that’s roughly the cost of forcing a sale ad getting court judgment in such cases

antrobus

TBagpuss wrote: »

Unfortunately if you did not get a declaration of trust at the time, then the presumption is that you are each entitled to 50% of the net equity.

Yup.

Scenario B: The parties are legal co-owners but did not enter into an express declaration of trust....(a) Joint legal ownership = presumed equal beneficial ownership (i.e. 50/50)

https://www.familylaw.co.uk/news_and_comment/everything-you-always-wanted-to-know-about-tolata#.W_HCtuj7SM8

TOLATA applies. The presumption is not the end of it; there can be a "different common intention", equitable accounting may apply.

Legal advice is necessary.

Jennyedwards

I have offered him 5 and he just will not sell. So he has a hold over me. Because she likes to be in control. He has already said this to me. Even if I did offer him 10 he would not take it he just being awkward and won't leave me alone. If the solitors come up with a reasonable offer like 5 or 10. Would his solitor try and make him accept do you think

TBagpuss

His solicitor would advise him that in the absence of a declaration of trust, there is a presumption of equal interests so he would be entitled to 50% of the equity.
If you want to argue that you are entitled to more, then it is up to you to prove that to a court. It is not enough to show you put more in, you also have to satisfy them that their was a joint intention by the two of you, that you would get your £40K back if you sold or split.

The fact that it is only 2 years may work against you. These days, it is normal for people to be asked, when buying a house, whether they want to own as joint tenants or tenants in common, so it is probable that you explicitly said you wanted to own as joint tenants, which obviously makes it harder to argue that that was not what you wanted.

If you are not sure or cant remember, then check all the paperwork you have from when you bought the house (or ask the solicitors you used for a copy of your file). to double check. If you *did* intend that you would get your deposit back then there may be something recorded in the file even if you didn't actually get a formal agreement drawn up.

Comms69

Jennyedwards wrote: »

I have offered him 5 and he just will not sell. So he has a hold over me. Because she likes to be in control. He has already said this to me. Even if I did offer him 10 he would not take it he just being awkward and won't leave me alone. If the solitors come up with a reasonable offer like 5 or 10. Would his solitor try and make him accept do you think

Unlikely solicitor generally do as they’re told. The longer it goes on the more they’re paid

Kynthia

As joint owners you both legally own the property equally and completely. You don't say you're married so there's not going to be any "fair" split of marital assets it's just going to be based on who owns what and any agreement between you. So you're equal owners and he will get half when you sell unless you can agree otherwise. If he refuses to sell you can force him but you'll need to show you made reasonable offers and attempts to solve this amicably, then a judge will enforce a sale. There are costs to this though so it might be worth upping your offer once things cool diwn.

BrassicWoman

Horse, stable door...