- Fri May 05, 2006 1:53 pm
Jointly owned property will be assumed to be held in equal shares unless it can be proved otherwise - if your proof is just a discussion between you then you might be in for a tough fight.
This is really a lawyer issue - can't see a shortcut i'm afraid.
Not quite sure from your post whether or not your OH took a business loan/mortgage or not - if he did, and it's for his business alone, then the "doctrine of exoneration" applies and the loan must come from his equity first (if he has any) there is case law on this called re Pittortou (i think)
Again this must be a lawyer issue.
If it's 100% you win or 50% you lose then it must be worth getting formal legal advice, but best hunt around for lawyers well versed in insolvency, waste of money otherwise in my view.
Remember, posts here are just the informed views of people with similar experiences to your own or with some basic understanding of the issues.
If it's important, then there's no substitute - seek professional advice!