Do I have to give ex 50% house equity?

[CaraLouise123]

Hi, my ex and I split 14 years ago, I bought up the 3 kids while he moved to USA. I have paid the mortgage while he contributed little maintenance. Now our youngest daughter has finished university, do I have to give him 50% of the equity in the house (that is in joint names and we bought together)? Thanks all for any info.

What a mess. Did you buy as joint tennants? If so, and you've done nothing to buy him out or remove him from the deeds in all if this time, then yes he owns 50% of the house. When you've refinanced the mortgage have you still been refunancing it in joint names??

We’re you married and didn’t divorce? More info needed.

You need real life legal advice OP. He might be entitled to 50% of the equity, or less, or he may not, or he may choose to contest it in court.

Surely you'd be able to deduct mortgage payments and unpaid child support at the very least even if he was able to benefit from house price inflation.

Never married

Moving beyond why on Earth did you not sort this out before now….

As joint owner your ex is entitled to half the value of the property, and will need to consent to the sale (as in sign the paperwork etc). However you might try negotiating a different division in light of your contribution over the years. You need to get legal advice

There was a case bought in a similar case and the one who’d paid the mortgage got more equity as she'd paid everything for years. He’d argued it was 50-50 but the judge found in her favour.

So a precedent has been set. It was after 2005, I know because that’s when dh started his court case with his ex. I can’t remember the names of the people involved though.

We bought the house jointly. I have been paying the mortgage solo, the house has always been in joint names.
I can’t get him to pay unpaid child maintenance as he earns cash so no paper record.
Can anyone recommend anywhere for best legal advice?

Were you married? Did you divorce? And if you did, did you sort the financials at the time?

This is one of those times where we can't give any advice without A LOT more information.

But, if you weren't married and bought the house together, depending on if you are joint tenants, or tenants in common, yes, he can force a sale for 50%. There may be some way of offsetting the maintenance but I don't know.
If you were married this complicates things. If you did divorce and the financials agreed that at x point then you would give him 50%, then you are at this trigger point. If you didn't then there is very much an argument for a split from the date you separated, with your contribution in the last few years somewhat protected.

This is the time for invaluable legal advice op.

Assuming the price of your house has risen you will have benefited hugely from being able to stay in the property all these years . As others have said you need a solicitor . Is he asking for the house to be sold - are you in regular contact? Was there an original court order allowing you to stay in the house until the children left education?

Jones v Kernott

I agree - seek legal advice from someone who has expertise in beneficial ownership.

I’d seek a legal opinion from Jonathan Nosworthy - he’s a family law barrister with expertise in property. He’s fab.
Christopher Wagstaffe QC is an authority on beneficial ownership, but will cost £££££, but call his clerk and see if he’ll have a conference on a direct access basis. Not all barristers do.

I’m sure those gentlemen are fine advocates but any family law solicitor will be able to advise and for a lot less money!