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Tolata and court question

(2 Posts)
GEM33 Thu 26-Jun-14 22:51:25

My ex and I jointly own house. We weren't married. I can't get a mortgage on my own on my current income even if I had half the equity of the house which isn't much at all.
If he took me to court to force sale of the house and I self repped what should I expect?
What's my chances of getting to stay in house with our two year old?
Anyone been through this? What's it like? Tell me everything!!

cestlavielife Fri 27-Jun-14 13:51:44

it depends on many factors - you need to get all financial info - what is the equity in house
what is cost of buying new house
what mortgage could each of you get salary wise
what can you each afford to buy on fifty fifty split
what could you afford if child is to live mostly live with you and you had 100 % of equity of 70%?
what can either of you afford to rent on your salaries if one person keeps the house ?

could you buy him out/take on mortgage on current property?

starting point is fifty fifty under tolata (unless any special covenants or things on land registry) but childrens act can be used to ask for a percentage of equity for the person the child lives with most.

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