I do have an appointment with a family law and property solicitor next week but I'm hoping I can get a rough understanding of where I stand from mumsnetters first.
My long term unmarried partner and I (we share 2 young DC) split in October. We jointly own our property as Tenants in common but the shares we hold are unclear..
My XP wanted to manage the whole sale and mortgage process himself, I had almost no involvement bar signing forms when I was asked to. A little while before completion, I realised on a purchase questionnaire sent to the conveyancer he had stated we wanted to buy as tenants in common with unequal shares, he had followed this up by email to state the shares 'we' wanted were 40/60 in his favour. We had never had a conversation on this, but I had signed the form. He had put in 2/3 compared to my 1/3 of the money as his parents gave him some money and mine weren't able to. He had a big argument about this when I realised what I had signed, and he told me it wasn't important anymore as 'it had been changed to 50/50'. I thought nothing more of it.
Fast-forward to today, and I have no clue what shares I hold. I know there wasn't a declaration of trust (which I understand is where actual shares and/or ringfencing of deposits is listed?). I've spoken to the conveyancer and the TRI form and land registry document are also inconclusive.. See picture attached, it looks like the first box was ticked then erased, and the 3rd box doesn't list the actual shares (should it?) but does use the word unequal. Does the absence of a deed of trust mean the property would have had to be registered equally? The conveyancer seemed to be saying this (but perhaps they're trying to cover their tracks for a professional negligence claim?
Can my XP rely on the purchase questionnaire and the email he sent - would he have a good case for 60?
Does the fact that he sent the email stating 40/60 and not me have any bearing?
Our house has gone up hugely in value and we've spent at least 50k jointly on works and renovations. I'm having to consider forcing the sale as he downright refuses to sell. He wants to buy me out, but in no hurry at all. We've had 6 agency valuations giving a medium value of 687k. Our remaining mortgage is 330k.
He's saying he will give me 50%, but due to this generosity on his part, I should accept 150k, which is the 'realistic value' he's given it of 650 minus agency fees (!?).
I won't be able to get another mortgage to house the DC with that figure and am relying on the actual equity of 178k, based on the medium value above, hence the reason I need to consider forcing the sale. We've bene mediating for 3 months and it's going nowhere.
Do I have any chance of getting my legal costs deducted from his equity due to his non-cooperation?