Shared equity?

Question

A house that i once shared with my ex partner has been sold. We are both the proprietors of the property.He has told the solicitor that he wants them to hold the equity until we go to court as he believes he is entiltled to a higher share than me! Is he legally allowed to do this?
We lived in this property jointly for 4 yrs and i paid the mortgage which i can prove also the deposit but cant prove that! I also lived there on my own for a year and always made sure i paid the mortgage and loan, he has lived there for the past year with his girlfriend and hasnt paid the mortgage and loan which thanks to him are now 10k in arrears! I also have a child with this man who he refuses to pay CSA for. Can he do this and if it goes to court what chance do you think i have as i was happy to go a 50 50 share with him.
Thanks.

Answer 1

That depends upon how title is held. You haven't specified that critical piece of information.

The most common form of joint ownership by far is Joint Tenants with Right of Survivorship. In that instance you each hold an undivided 1/2 interest in the property and would receive equal shares of the equity remaining after any debts were settled. If would not matter who paid what during the term of the tenancy, the law presumes equal entitlement to the property.

Presuming that you are both on the mortgage, you are both responsible for any arrearages or shortages after the sale.