Does Anyone Know Anything About Occupational Rent

[DeborahH]

Me and my partner separated 9 years ago. I was forced out the house of which we had a joint tenancy mortgage. I left my home with my 8 year old daughter (to whom he has never paid child maintanance) as he claimed he couldn’t afford to because he was paying the mortgage payments as he was the sole occupier of the house. At the time of leaving I had £7950 equity in the property. I was unable to get that equity at that time of separation. I have been renting another house for the past 9 years. My ex now wants
To transfer the equity into his name and become the sole
Owner . Am I entitled to claim anymore than the £7950 equity I’ve had in the house for the past nine years.

[Buenchico]

From a site moderator:

Welcome to The Answerbank.

To the best of my knowledge, there's only one member of this site who can give you a definite answer. ('Barmaid', who's a barrister practising in civil law). If I see her posting elsewhere I'll ask her to take a look at this question.

However, from a purely amateur interpretation of Murphy v Gooch, it would seem to me that you've got a valid claim for a great deal more than £7950:
https://www.wrighthassall.co.uk/knowledge/legal-articles/2010/04/19/credit-occupational-rent/

[Barmaid]

I cannot give you a precise answer because there are many things to take into account and the devil is in the detail. However, you should at least be entitled to your equity, probably more.

My suggestion is that you take legal advice from someone who is a specialist in co-habitation or trust disputes. Either seek such a specialist from the Law Society or a see a barrister on a direct access basis.