Joint tenancy, ex partner wants more than 50%?

[Foundwantingalways]

Hi, I've posted on this subject before but things have moved on slightly and I would love some advice. In a panic!
Ex partner and I bought a house jointly three years ago, specifically joint tenancy, he was advised by solicitor at the time to sign as tenants in common as he was putting in the deposit, but he declined. We have a four year old dd. He paid the mortgage every month, I paid the equivalent amount for nursery as I went to work part time. He had a long affair and when I found out in the summer I threw him out. I took over paying half of the mortgage when he left (dd just started school so no nursery fees) and I pay all the bills now. He is now saying that he will take his deposit back plus 50% from any money left when the house sells and the mortgage is paid off.. that will effectively wipe out any remaining money for me to house my daughter. We have previously agreed that I will have parental responsibility. I am terrified that despite the fact that we are joint tenants, he can legally take the equity because I never paid the mortgage while he was here? It was because I was paying the same amount out on nursery fees but will solicitors /courts take that into account? I will have very little money to house my daughter, I have no savings. My ex was actually financially abusive, I have since found out. He kept money secret, he earned far more than he said and had lot of disposable income, much more than me, although I never knew that and struggled every month buying food, clothes for our daughter etc. Sorry for long post but his threat tonight has left me upset and shaking. Since the split he's been getting increasingly threatening, not physically but financially and has also threatened to move back in, throw me out and keep our daughter himself. Can he take my half of the equity in the house off me? Grateful for any advice please.

he will take his deposit back plus 50% from any money left when the house sells and the mortgage is paid off

This seems fair to me. The mortgage is paid off first, he takes back the deposit which he alone provided and then any remaining equity is split 50/50. This accounts for him paying the mortgage and you paying nursery fees.

He could possibly ask for the returned deposit to be increased in line with any increase in the value of the house so if he just wants the original value back, that's a positive for you.

He may well ask for the increase Zampa, I expect he will when he thinks about it more. I hadn't thought about that.

You need to see a solicitor OP.

The basic position is that the beneficial interests in the property follow the legal interests (i.e. the division of net sale proceeds is in line with how the title to the property is held), unless the party seeking to deviate from that can evidence an alternative agreed intention of the parties regarding the split.

I presume you were not married?

I agree with Zampa that this seems fair. I would seek legal advice ASAP

I think there is protection to ensure that your daughter is housed. It doesn't have to be your current house but suitable housing.

He still has a claim on the equity but as I understand it he couldn't force the sale until she is non dependant.
You really need to see a solicitor urgently.

No, we're not married. Unfortunately I believed him when he said he'd propose 'one day', more fool me. Thanks all, I'll contact a solicitor tomorrow. I have seen a couple for free consultations but don't recall them mentioning this, I will actually have to retain the services of a good one and get some action started. I guess I expected that the equity would be split 50/50, we never agreed that he would take the deposit money out first because we never thought then about splitting up he didn't want to split up ever, just wanted to have cake and eat it

Can those responding to the OP remember this is Legal and OP is not asking what you think might be fair, but what the law is?

AndersArms has it right. He won't be able to get more than 50% of the equity. He was told what owning as joint tenants would mean when you bought the property, so his intention was to gift you half the deposit.

If you can't rehouse yourself and your child and need to keep this property on for now, a claim under the Children Act to defer the sale of the property is the way to go, as per BlankScreen's advice.

Thank you Collaborate, I don't feel able to stall the house sale as he keeps threatening to move back in, which I know he's legally able to do but I would not be able to cope with that ; at the moment the only thing keeping him at bay is the thought that the house will be sold soon.

If you apply under the Children Act the court will grant you exclusive occupation if the sale is deferred.

You should consider applying for an order under the Family Law Act to exclude him from the property if he's threatening to come back, but that depends on either how he's behaved to wards you, whether he wants to return there to live, and how you would react to him moving back.

Thank you for your help. I'm really grateful for your advice, I've had months of worry and tonight his confident assertion that basically he'd make sure that I was penniless sent me into a tailspin. He's never physically attacked me, it's more verbal and his non-verbal attitude (if that makes sense) that would be very hard to prove, so I don't think I could have him excluded, but if I could apply under the Children's Act and can have him legally not allowed to live here that would be a massive relief, I'm worried for my own position /sanity if he moves back in (he's said he'd throw me out) but at the same time worried sick about money and housing. Which he knows. I will contact a solicitor tomorrow.