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Separation and mortgage payments

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  • Separation and mortgage payments

    Hi all,

    Just after some advice, my ex partner and I purchased a property a couple of years ago. however after a year things went a bit sour and we parted, she moved out and i stayed at the house.
    Through out the time we lived at the property together she only contributed a smaller amount towards the mortgage and bills than I did. upon separation she contributed even less and on some occasions nothing at all.

    the house is now up for sale and once sold if any profits are made she is expecting 50 percent of the profits.

    we have a declaration of trust in place, which states.

    The property shall be kept in a good state of repair and will pay council tax and other outgoings in relation to the property equally between them.

    it also states that once a sale has been completed and all payments have been made and money owed to each individual is met that the remaining profits will be divided 50/50.

    Now I have no problem in sharing the remaining profits 50/50 but I have the issue that she never contributed 50/50 as the declaration of trust stated. I only remembered about the declaration of trust once things had got to a non amicable state.

    I would just like to seek your advice on the matter before I decide to take it to court.

    many thanks​​​​​​
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