Jointly owned house with a Joint mortgage after separation

AKBrum

I own a property with an ex partner.

The house is owned in tenants in common and the share is 70/30 in their favour. Upon purchase of the property I was unable to contribute towards the deposit and my ex was fully aware of this. That is why I put forward that we should sign a declaration of trust to honour the deposit paid by my ex as I had no other way of doing so and they claimed at the time to be completely fine with.

Please note that given the value of the property even though my ex paid the deposit, They needed my income as well as theirs to secure the mortgage, in this situation neither would have been able to purchase the house without the other.

 We have both made equal payments to the mortgage since the purchase and I continue to pay half until this situation ends.  The mortgage is jointly in both our names. Now my ex is refuting that I have any financial rights to the property and is prepared to challenge the declaration of trust stating I coerced them into signing it despite this not being the case, They didn't care if we signed one or not at the time of purchase. Would I lose this case in court if I sort out a Tolata 1996 to force a sale?

Devongardener

If you are registered as tenants in common with Land Registry and have a joint mortgage in both names, then your ex partner can’t legally state that you don’t have financial interest.     It might be worth checking with LR that you are still registered,  and sign up to be notified if anything changes.

Keep_pedalling

Your ex is an idiot, if the DoT was not in place then you would be entitled to 50% of the property not 30%.

AKBrum

Devongardener said:

If you are registered as tenants in common with Land Registry and have a joint mortgage in both names, then your ex partner can’t legally state that you don’t have financial interest.     It might be worth checking with LR that you are still registered,  and sign up to be notified if anything changes.

I have the Land Registry paperwork that proves ownership, and the declaration of trust that proves the tenants in common status.  But they are trying to claim I coerced them into signing the trust and have gone as far as lying about domestic abuse to try and get an advantage.  I just need to be sure that I'd win a court battle as I will struggle with the finances(I'm paying half the mortgage for that house and rent towards the place I'm temporarily residing in).