You both on the title deeds.
See a Solictor.
With both your names on the title/property deed, based on the way title is held would basically decide the division of the property.
It matters not who actually paid the monthly mortgage payments, or how long one of the of the other has paid the monthly mortgage payment, by both of you being on the title/property deed has determined that your ex has ownership in the property.
You paid the mortgage alone for 2 of the 16 years of the mortgage. You shared paying the monthly mortgage for 14 years.
I hope this has been of some benefit to you,good luck.
"FIGHT ON"
ps i mean i have paid it solely myself in the last 2 years, previous to that we paid half each.
In this scenario the Courts usually decide how much equity he will receive. It is not as clear cut as you might think.
Consult a Solicitor.
UK
It would appear that all the previous answerers don't know the difference between common law and equity. In English law this used to be a major division of law, even dealt with by different courts. That's no longer true since the major reform of courts in 1875 but the one area where it is still relevant is property ownership.
Whose names are on the deeds are a common law matter and at common law, you own the property equally. So both of your names are on the deeds, and it doesn't say what the shares are so the assumption is half and half. HOWEVER, in equity, what matters is how much you each paid. The law of equity is about being fair, which common law often turned out not to be, which is why equity evolved in the first place.
So as you have paid the mortgage all yourself in the last 2 years, you're entitled to more than him according to what proportions of the mortgage you paid in total. You should be entitled to 18/32s of the sale price, and he to 14/32s. Consult a solicitor and I suspect that's what they will tell you.
He's entitled to half. He has paid his share for 14 years; and although you alone have paid the mortgage in the last two years, you have also had sole use of the property, so it's not as horribly unfair as it might at first seem.
im sorry to say that he may well be! i do know if not married and together for 18years its 50/50 like marrage, as for it being in his name too he hass full rights! even if he aint paid a penny ! not being rude but he got a easy one there! even if u went to court over the matter and proved he never laid a penny down on the house, he can still claim his expensies covered the bills and shopping etc which its benifitting u also , so thats classed as equal contributions,, same thing happened to my mum and dad! my old man got half everything w@nk er!
paying for the last 2years solely wont make a difference even if was the queen paying it its still in both ur names
Equity is determined by who is on the title - not who paid the mortgage. If you didn't work out something in your divorce settlement, you are joint owners, period.
Hopefully he gave you the full tax benefits of owning for those 2 years he did not help pay.
However, how the mortgage is paid really has nothing at all to do with ownership and division. He should get his half. During those 2 years you enjoyed sole possession as well as the income tax write off that come with ownership.
My ex left me 2 years ago ,moved out we have held a mortgage for 16 years together, i have paid it all myself in this time, he is now pushing me to sell, this i don't mind, but is he entitled to 50% still if he hasn't been contributing his half? Both our names are on the title deeds and mortgage, we have no dependants x
