When two people in a relationship choose to buy a property together, they hope it is the start of a long and happy life together. Unfortunately, we don’t live in a fairy tale and many relationships will eventually break down. Whether married or not, split ups can become messy and emotional, especially when children are involved. The last thing you need at this time is stress over shares in the family property.
This is why certain legal documents are so important. If you bought a house as tenants in common or as unequal contributors, you would needed to have signed a Deed of Trust. This is document designed to protect all parties involved in the buying of a property by clearing setting out the terms of the purchase and the share of equity. It is designed to provide peace of mind and security in case of events like a relationship break down. For information on Deed of Trust, visit a site like Sam Conveyancing.
If you are experiencing a reluctance by an ex-partner to stick to the arrangements made in the Deed of Trust, the first important thing to do is check with your solicitor exactly what is stated in the declaration. Your ex-partner might benefit from being sent a copy of the document to remind them of their obligations, particularly if they say they wish to ignore. As a legally binding document, it cannot simply be ignored.
You might wish to consider instructing an independent solicitor and not use the solicitor who drew up the deed for you both initially. They may feel conflicted as they were acting for you both.