Advice needed please

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Hello wise MNetters

I'm after some legal advice please. I'll try & keep it succinct. NC for this.

My ex and I split eight years ago. We have two children together. We jointly own a property. We were not married. After the split I remained in the home. My name is on the deeds to the property and the mortgage agreement. During our relationship he earned significantly more than I did and therefore the mortgage payments were made by him from his account. Since the split this arrangement has continued in lieu of child maintenance payments.

Tonight I have had a conversation with the ex regarding the future and a potential house sale at some point. The property will have to be sold any time in the next five years. There is approximately nine years left on the mortgage agreement. Potentially £100k equity. Unfortunately I am not in a position to buy him out.

Yes I know I should have thought before now regarding this situation. Please refrain from judgement about why I have stupidly been reliant on a man to pay the bills (even if I was in a relationship with him) and let it continue and not severed financial ties much much sooner. This is not the purpose of the post.

I would like to know where I stand legally as during the conversation this evening the ex stated that he feels because he has made all the mortgage payments, that when house is sold I am entitled to nothing.

Is he right? and if he's not what do I do? Any helpful advice, would be much appreciated.

My name is on the deeds to the property and the mortgage agreement.

He can feel how he likes. He will need to prove it... but you should seek proper advice, not randoms with access to google, pdq!

familylawpartners.co.uk/blog/property-rights-for-unmarried-couples

If you own the property jointly then the first thing to do is to establish if it is owned as Joint Tenants or as Tenants in Common. This can usually be established fairly easily and cheaply by obtaining documents from the Land Registry.

Joint Tenants – If you own the property as Joint Tenants then you do not own shares in it but are considered to be joint and equal owners. Therefore, the presumption is that you each own the property equally.

Tenants in Common – If you own the property as Tenants in Common then you each own shares in the property. These shares can be owned equally, e.g. 50/50, or not, e.g. 70/30. If you own the property in non-equal shares then this would normally be evidenced by a document called a Declaration of Trust. If there is no evidence regarding the shares then there is a presumption that you will own the property in equal shares e.g. 50/50.

In some circumstances it is possible to show that a subsequent agreement between the couple needs to be considered – for example that although on the face of it the property is owned equally there is a reason why this is not the case.

These claims are fact specific and can be difficult to establish. The onus will be upon the person trying to show that a subsequent agreement should be taken into account to demonstrate this.

Thanks for the reply and yes I will seek legal advice.

I forgot to add to the post that we are not tenants in common.

Pleased you are seeking legal advice. This is essential as the law is complex.

On the face of it, as you are joint tenants the assumption is that the beneficial interest is split 50/50. Your ex partner also has liability for child support but no liability to pay you maintenance as you are not married.

In the absence of agreement between you the onus is on your partner to convince the court that he should gain 100% of the equity having paid the mortgage and bills. You may of course counter argue that you agreed to this in lieu of him paying child support. This might have turned out to be a poor bargain for him (because of the length of time it lasted) but nevertheless it was an agreement freely reached.

Good luck OP.