Non-married breakup, kids involved - advice please

elsien

He is not under any obligation to leave the house, as part owner of it. In what way did she force him to leave and what is stopping him from going back?

Stateofart

elsien said:

He is not under any obligation to leave the house, as part owner of it. In what way did she force him to leave and what is stopping him from going back?

It'll be the classic false allegation.  Works a charm.

VyEu

inquisitivewanderer said:

VyEu said:

1) he's entitled to 50% of the net equity in the property (assuming no deed of trust or similar). if he wants to force a sale, it's Part 8 TOLATA claim. Go and see a solicitor to draft a pre-action protocol letter.
2) No. if he ceases to pay and it falls into arrears and it would affect his credit score. Also, if ex pays the whole amount of the mortgage she can argue she should therefore get more than 50% of the net equity because of these contributions. 

Thanks for the response.
On point 2, what about on the flip side to that - he's been paying the mortgage for the last 8 years, as well as all bills. She's literally contributed nothing. Could he therefore stand a good chance of getting more than 50% of the net equity in the event she did eventually decide to agree to sale?
I'm pretty sure he already spoke to a solicitor about this, and they said it is very hard to do this so interested to get your thoughts.

Well yeah. It is hard to do. Default is 50/50. If you want to go down the accounting exercise route you can try it's a long slog and may not be successful. Legal position is still 50/50 unless agreement otherwise. The sols were right.