Forcing the sale of the FMH when shares are unclear

[Canttakemuchmoreofthis0]

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?

This is a bit spooky as this is the exact situation I would be in, except I would be in your ex's position where I put in 60% and he did 40%.

I'm trying to get an understanding of the possibility of forcing the sale and if that's the best way forward.. He won't agree to a sale

Sorry it won't let me edit on the app and I posted too early!

I think you should try and speak to someone professional as you seem a bit confused. I'm not sure why you feel you would be entitled to 50% when you're not married!

Can you PROVE the 50K that you spent on house renovations? Receipts/bank statements etc? If you can prove it there may be a case.

If I was in your position, and just from what you've said, I would take the offer he's given. Take it and go to a mortgage broker to see what you can afford for a mortgage too. (PLEASE TELL ME YOU STILL WORK??!!!!)

Thst is what I'm trying to find out. What will concretely prove the shares?

If you sold for 687 and you owe 330 then the equity is 357. If you get 178 that leaves him with 179. Given he put in 2/3 and presumably half the renovations and you put in 1/3 and half that seems unfair. A woman in his position would be told y9 hold out for shares in line with what they put in. If you each took back your deposit then went 50/50 on what's left in equity what would that look like?

"If you each took back your deposit then went 50/50 on what's left in equity what would that look like?"

That seems a very reasonable way to work it out. You clearly have a flair for mediation.

I agree with PP, it all depends on the size of the deposit relative to the equity.

As you are not married, I can't imagine that you would get a claim on his deposit, so both the deposits would have to be taken out before you looked at splitting the equity.

How much of the equity is from the property having gone up in price and from the renovations? Did you pay half the mortgage all along?

This post was not to gather mumsnetters thoughts on the ethics of my expectation of 50%. It was to see if anyone can see where I stand LEGALLY as to how much I actually own based in the information I've given. Deeds of trusts are used to ringfenced deposits and there isn't one.

Someone above asked why we split. We split because after a decade of life and two DC with this man he remained a steadfast commitment-phobe. Why do you think we never got married? He is arrogant, condescending and has never seen me as an equal. He's emotionally unavailable and treated me as his skivvy rather than his partner.

Did I pay half the mortgage all along? Well yes, apart from the last part of my two periods of maternity leave. Naturally, he's told the mediator he's owed more equity for this too.

Good luck to the solicitor i say