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I am writing on behalf of a family friend ("F"), who bought a house with her ex-partner ("P") as co-owners in a joint tenancy with the intention of renting it out. P put in the biggest bulk of the deposit for the property. F and P split up some time afterwards. P moved into the property herself and took in a lodger. Of that rental income, F initially agreed to take just £50 per month but told P to instead pay it towards the mortgage as F's contribution.
At some point after this, F wanted out of the arrangement and asked to be bought out. P flatly refused. F then agreed just to take out what she put into the deposit, but P again refused. She now said the property was "hers" (P's alone) and refused to co-operate further. F became very ill with cancer for a while and the after-effects of chemotherapy, so she didn't have the mental stamina to put up much of a fight and left the whole issue alone. On top of this she then lost her mother, brother, and became a carer to another brother who was also diagnosed with cancer.
Several years have now passed with this issue lying dormant. F has had no information at all from the mortgage company in several years. She even fears that P has somehow had her name struck off from the mortgage. She isn't sure how to go about finding any information and what rights she might have over the property.
As joint tenant co-owners, if a sale is forced, is F only entitled to have her deposit returned to her, or is it a 50:50 split of the proceeds irrespective of contribution to the purchase price? Does the fact that F hasn't been contributing to the mortgage payments diminish her rights over the property in any way?
At some point after this, F wanted out of the arrangement and asked to be bought out. P flatly refused. F then agreed just to take out what she put into the deposit, but P again refused. She now said the property was "hers" (P's alone) and refused to co-operate further. F became very ill with cancer for a while and the after-effects of chemotherapy, so she didn't have the mental stamina to put up much of a fight and left the whole issue alone. On top of this she then lost her mother, brother, and became a carer to another brother who was also diagnosed with cancer.
Several years have now passed with this issue lying dormant. F has had no information at all from the mortgage company in several years. She even fears that P has somehow had her name struck off from the mortgage. She isn't sure how to go about finding any information and what rights she might have over the property.
As joint tenant co-owners, if a sale is forced, is F only entitled to have her deposit returned to her, or is it a 50:50 split of the proceeds irrespective of contribution to the purchase price? Does the fact that F hasn't been contributing to the mortgage payments diminish her rights over the property in any way?
