Mortgage solely in my name but have a deed of trus

Hi
I am trying to find out what rights my ex partner has concerning the house the mortgage is in my name only because the mortgage lender would only offer me the mortgage and not joint with my ex due to my ex defaulting on a previous mortgage with a previous partner A declaration of trust was drew up but doesn't state any share figures should the house have to be sold.
The relationship broke down four years ago but we continued to live in the house as friends
I now want to move on with my life but my ex is refusing to let me sell the house because of this deed of trust There is 9yrs to go on the mortgage term and my ex wants me to keep paying till end of term then sell and split 50/50 I must add that I pay 3/4 and my ex a 1/4 of the mortgage My ex refuses to talk sensible about this situation and just says 'take me to court'
Financially I'm in no position to afford this route

Can anyone advise please

Chellie

Presumably you're not married?

No I'm not married

It is not the name on the mortgage that matters but the name or names on the deeds. If proportions have not been specified and his name is on the deeds then you are joint owners.

That means 50% of the property is his. If the mortgage is a repayment one, you may be able to claim a greater share based on your contributions. It is property law that applies in this situation so if the matter goes to court the loser pays the costs. It is worth working out how much capital you have contributed.


Your ex is expecting a lot if he wants you to keep paying 75% of the mortgage for another 9 years. You would be better off investing your money in a place of your own. I assume there are no children involved??

Hadenoughnow

There is no children involved. It's only my name on the deeds and it was a same sex relationship. Don't know if this changes things but my ex cannot afford to buy me out although my ex came into a sum of £50000 3 yrs ago

Chellie

If yours is the only name on the deeds then, under property law, you are the owner. The only claim they would have is under property law for beneficial interest.

The risks of costs are as outlined before. To avoid the prospect of court, you could make an offer based on any capital contributions ie the non interest element of the mortgage and a proportion of any increase in value based on the split of payments 75:25.

I am a bit puzzled about the deed of trust you mentioned. How did this come about?

Hadenoughnow

When we went to make our wills years ago the solicitor said to my ex to protect herself she would benefit from a deed of trust so had one written up. It says I'm to keep the house in good order of repair and take no mortgage or loans against the house

Chellie