Hi there. The fact that title to the property is in your ex wife’s name means she will have legal ownership of the property. But this doesn’t mean you don’t have any claim to the property; you will have some rights. The law recognises that, while title may be held by one person, another person(s) can have particular ownership rights to that property if they somehow contributed to its purchase or maintenance.

From the information you provided, it appears that you have contributed to the purchase of the property through mortgage repayments and you have ‘put equal shares’ in the property over time. This means it would be very difficult, legally speaking, for your ex wife to deny your right to a share of the property. If the property were to be sold, you would be entitled to a share of the proceeds in proportion to your right to the property. Your right to the property may be as high as 50 per cent, but this will depend on the exact nature of your contributions since it was purchased.

If you want the property sold, you will need to negotiate this with your ex wife. Her consent is needed to sell the property because she holds title. If your wife wants to keep the property in her name, you may have the option of selling your share to her. You may be able to use the proceeds to pay off your mortgage, but whether you can do this will depend on the terms and conditions of your mortgage contract.

Property settlements after divorce can be complicated, especially if the parties are in disagreement. If you are not able to reach a negotiated settlement with your ex wife, you can apply to court for financial orders that say how the investment property (and any other shared assets you may be disputing) is to be dealt with.