Hi there. It may be difficult for you to recover these costs unless some kind of verbal or written agreement was put in place with your ex-husband that said you would equally contribute to the mortgage repayments and other property expenses.

A more realistic outcome in your situation is seeking a court order that your ownership rights in the property are actually greater than 50%. Although you may both be listed as joint legal owners on the certificate of title, the law says that, if one person contributes more to the mortgage repayments and/or property maintenance costs, then this contribution will give that person a greater ownership interest (called beneficial or equitable ownership) in the property.

Practically speaking, this means you may be able to commence court proceedings to obtain an order that confirms your true ownership interest in the property, taking into account your mortgage repayments and maintenance costs of the last five years. The court may order that your ex-husband holds his share (or part of his share) in the property on trust for your benefit.

Suggested way forward

Understanding your true ownership rights to a co-owned property can be important to knowing the true value of your asset and your legal rights in relation to the other owner. You should consider speaking to a property lawyer who can advise you of your legal rights and the best course of action. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.